Youth court procedure - Special considerations in youth sentencing

Learning Outcomes

This article outlines the key principles and procedures governing the sentencing of young offenders (those aged 10–17) in England and Wales. It focuses on the distinct approach taken compared to adult sentencing, emphasising rehabilitation and welfare. For the SQE1 assessments, you will need to understand the primary aim of the youth justice system, the specific sentencing options available (including Referral Orders, Youth Rehabilitation Orders, and Detention and Training Orders), the concept of grave crimes, and the role of Youth Offending Teams. This knowledge will enable you to apply the relevant rules and principles to SQE1-style single best answer MCQs concerning youth court procedure.

SQE1 Syllabus

For SQE1, you are required to understand the specific considerations that apply when sentencing children and young people. This includes differentiating youth sentencing from adult sentencing and knowing the key disposals available to the youth court. Your understanding should cover the overarching principles and the practical application of different sentencing orders.

As you work through this article, remember to pay particular attention in your revision to:

  • The principal aim of the youth justice system and the duty regarding the welfare of the child or young person.
  • The different sentencing options available for young offenders, including Referral Orders, Youth Rehabilitation Orders (YROs), and Detention and Training Orders (DTOs).
  • The criteria and conditions associated with each type of youth sentence.
  • The concept of 'grave crimes' and its implications for sentencing venue and powers.
  • The role of Youth Offending Teams (YOTs) in the sentencing process.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the principal aim of the youth justice system in England and Wales?
    1. Punishment of offenders
    2. Prevention of offending by children and young people
    3. Protection of the public
    4. Reparation by offenders
  2. Which court order is typically used for first-time young offenders who plead guilty to an imprisonable offence?
    1. Detention and Training Order (DTO)
    2. Youth Rehabilitation Order (YRO)
    3. Referral Order
    4. Fine

  3. True or false? A Detention and Training Order (DTO) can be imposed on a 13-year-old offender regardless of their previous offending history.

  4. What is the maximum duration for which a Youth Rehabilitation Order (YRO) can be imposed?
    1. 6 months
    2. 12 months
    3. 24 months
    4. 36 months

Introduction

Sentencing young offenders (those aged 10 to 17) in England and Wales is governed by a distinct set of principles and procedures compared to the adult system. The primary aim, as established by the Crime and Disorder Act 1998, is the prevention of offending by children and young people. This objective, combined with the statutory duty for courts to have regard to the welfare of the child (Children and Young Persons Act 1933, s 44(1)), shapes the sentencing framework, emphasising rehabilitation and individual needs over purely punitive measures. Understanding these special considerations is essential for practice and assessment.

Core Principles in Youth Sentencing

The youth justice system operates under the fundamental premise that children and young people are developing and have a greater capacity for change than adults. Sentencing decisions are therefore tailored to the individual, considering their age, maturity, capabilities, and personal circumstances alongside the seriousness of the offence.

Key Term: Welfare Principle The principle, enshrined in s 44(1) of the Children and Young Persons Act 1933, requiring every court dealing with a child or young person to have regard to their welfare.

This principle mandates that any sentence imposed should aim not only to prevent reoffending but also to support the young person's well-being and inclusion in society.

Age of Criminal Responsibility

In England and Wales, the age of criminal responsibility is 10 years old. Children under 10 cannot be prosecuted for a criminal offence. For those aged 10–17, while they are held responsible, their age and level of maturity are significant factors in determining culpability and the appropriate sentence.

Sentencing Guidelines and Framework

The Sentencing Council provides specific guidelines for sentencing children and young people. These guidelines emphasize the importance of an individualized approach, focusing on:

  • Seriousness of the offence: Assessing the harm caused and the young person's culpability, taking age and maturity into account.
  • Likelihood of reoffending: Evaluating the risk factors associated with the young person and their circumstances.
  • Welfare of the young person: Ensuring the sentence supports their well-being and addresses any fundamental needs (e.g., education, mental health).

Courts must consider pre-sentence reports, usually prepared by the Youth Offending Team (YOT), which provide detailed assessments of the young person.

Key Term: Youth Offending Team (YOT) A multi-agency team responsible for coordinating youth justice services locally, including assessment, supervision, and delivery of interventions for young offenders.

Revision Tip

YOT reports are essential in youth sentencing. They provide the court with detailed information about the young person's background, risks, needs, and suitability for different sentences. Pay attention to the role of YOTs in exam scenarios.

Youth Court Sentencing Options

The youth court (and the Crown Court when sentencing youths) has a range of specific disposals designed to meet the aims of the youth justice system. Custody is reserved as a measure of last resort.

Referral Orders

Referral Orders are typically used for first-time offenders who plead guilty to an offence punishable with imprisonment, provided the court is not imposing custody or an absolute discharge.

Key Term: Referral Order A community-based sentence requiring a young offender to attend meetings with a Youth Offender Panel and agree to a contract aimed at repairing harm and preventing reoffending.

The order requires the young person to engage with a Youth Offender Panel (YOP) for a set period (between 3 and 12 months).

Key Term: Youth Offender Panel (YOP) A panel, usually consisting of a YOT member and trained community volunteers, that works with the young offender and their family to agree a contract of rehabilitative and restorative activities.

The contract focuses on reparation to the victim or community and addresses the factors contributing to the offending behaviour. Failure to comply can lead to the youth being returned to court.

Youth Rehabilitation Orders (YROs)

The YRO is a flexible community sentence that can combine various requirements tailored to the individual needs and risks of the young offender.

Key Term: Youth Rehabilitation Order (YRO) A community sentence for young offenders that can include a range of requirements such as supervision, unpaid work, curfews, or participation in specific programmes.

A YRO can last for up to three years. Possible requirements include:

  • Supervision by the YOT.
  • Unpaid work (for those aged 16 or 17).
  • Activity requirements (e.g., reparation, educational activities).
  • Programme requirements (e.g., anger management, substance misuse programmes).
  • Curfew requirements (often electronically monitored).
  • Residence requirements.
  • Mental health treatment requirements.

The combination and intensity of requirements are determined based on the YOT's assessment and the seriousness of the offence.

Worked Example 1.1

Chloe, aged 16, pleads guilty to assault occasioning actual bodily harm. She has one previous youth caution for a minor public order offence. The court is considering a community sentence. The YOT report indicates Chloe struggles with anger management and has poor school attendance.

What requirements might a court plausibly include in a YRO for Chloe?

Answer: The court could impose a YRO with requirements tailored to Chloe's needs. Plausible requirements might include:

  • Supervision Requirement: Regular meetings with a YOT officer.
  • Programme Requirement: Attendance at an anger management programme.
  • Activity Requirement: Engaging in activities focused on improving school attendance or undertaking reparative work.
  • Potentially an Unpaid Work Requirement (as she is 16), depending on the seriousness and circumstances.
  • A Curfew Requirement might also be considered if offending occurred at night or to provide structure.

Detention and Training Orders (DTOs)

A DTO is a custodial sentence available for young offenders, typically reserved for serious or persistent offending where no other sentence is appropriate.

Key Term: Detention and Training Order (DTO) A custodial sentence for young offenders comprising a period of detention in secure accommodation followed by a period of supervision in the community by the YOT.

The court must be satisfied that the offence(s) are so serious that only custody is justified. The available terms are fixed periods of 4, 6, 8, 10, 12, 18, or 24 months. Half the term is served in custody (usually a Secure Children's Home, Secure Training Centre, or Young Offender Institution) and the second half under YOT supervision in the community.

Specific age restrictions apply:

  • A DTO cannot be imposed on 10 or 11-year-olds.
  • For 12–14-year-olds, a DTO can only be imposed if the court deems them a 'persistent offender'.

Key Term: Persistent Offender A term used in youth justice, generally meaning a young person who has repeatedly offended. There is no strict statutory definition; courts determine persistence based on offending history and frequency.

  • For 15–17-year-olds, a DTO can be imposed without the need to establish persistence, provided the seriousness criteria are met.

Worked Example 1.2

Liam, aged 14, is convicted after trial of robbery (a grave crime). He has two previous convictions for theft within the last 12 months, resulting in Referral Orders. The YOT report indicates a high risk of reoffending.

Can the youth court impose a DTO on Liam?

Answer: Yes, the youth court could potentially impose a DTO. Robbery is a serious offence. Although Liam is only 14, a DTO is available if he is deemed a 'persistent offender'. Given his two recent relevant convictions, the court could reasonably classify him as persistent. The court would also need to be satisfied that the offence is so serious that only custody is appropriate. If these criteria are met, a DTO could be imposed for one of the specified periods (4–24 months). Alternatively, due to the gravity of robbery, the court might commit him to the Crown Court for sentence if it felt its own powers were insufficient.

Grave Crimes

Certain serious offences, defined as 'grave crimes', have specific procedural implications for youths.

Key Term: Grave Crime An indictable offence for which an adult aged 21 or over could be sentenced to 14 years' imprisonment or more (e.g., robbery, rape, s.18 GBH).

If a youth indicates a not guilty plea to a grave crime, the youth court must consider whether its maximum sentencing powers (a DTO of up to 24 months) would be adequate if the youth were convicted. If the court believes a sentence substantially longer than two years is a realistic possibility, it must send the youth to the Crown Court for trial. If the youth pleads guilty, or is convicted in the youth court but the court then considers its powers inadequate, it can commit the youth to the Crown Court for sentence.

Summary

  • Youth sentencing prioritises preventing reoffending and the welfare of the young person.
  • The age of criminal responsibility is 10. Age and maturity are key sentencing considerations.
  • Sentencing guidelines and YOT reports inform individualised sentencing decisions.
  • Referral Orders are common for first-time guilty pleas to imprisonable offences.
  • YROs offer flexible community-based requirements (e.g., supervision, programmes, curfew) for up to 3 years.
  • DTOs are custodial sentences (half in detention, half under supervision) for serious/persistent offenders, with age restrictions (unavailable for under 12s; requires persistence for 12–14s). Maximum youth court DTO is 24 months.
  • Grave crimes may be sent/committed to the Crown Court if youth court sentencing powers are deemed insufficient.

Key Point Checklist

This article has covered the following key knowledge points:

  • The principal aim of youth justice is preventing offending, with welfare as a primary consideration.
  • The age of criminal responsibility is 10.
  • Sentencing must be individualised, considering age, maturity, and circumstances.
  • The Sentencing Children and Young People Definitive Guideline directs court decisions.
  • YOTs play a key role through assessments and reports.
  • Referral Orders involve a contract agreed with a Youth Offender Panel.
  • Youth Rehabilitation Orders (YROs) are flexible community sentences with various requirements.
  • Detention and Training Orders (DTOs) are custodial sentences used as a last resort for serious/persistent offending, with specific terms and age criteria.
  • 'Persistent offender' status is relevant for imposing DTOs on 12–14-year-olds.
  • 'Grave crimes' may necessitate trial or sentencing in the Crown Court due to sentencing power limitations in the youth court.

Key Terms and Concepts

  • Welfare Principle
  • Youth Offending Team (YOT)
  • Referral Order
  • Youth Offender Panel (YOP)
  • Youth Rehabilitation Order (YRO)
  • Detention and Training Order (DTO)
  • Persistent Offender
  • Grave Crime
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