The Youth Justice System in England and Wales comprises the youth courts, young offender institutions/secure estate, and a range of professionals (the police, the probation service,
social workers, education and health workers) who work with young people who offend.
When a young person commits a first or second minor offence, a system of Reprimands and Final Warnings can be used by the police...
Reprimands & Final Warnings
Community Sentences
Sentences to Custody
Reprimands & Final Warnings
Reprimand: Reprimand is a formal verbal warning given by a police officer to a young person who admits they are guilty of a minor first offence. Sometimes the young person is referred to the Youth Offending Team to take part in a voluntary programme to help them address their offending behaviour.
Final Warnings: A Final Warning is a formal verbal warning given by a police officer to a young person who admits their guilt for a first or second offence. Unlike a Reprimand however, the young person is
also assessed to determine the causes of their offending behaviour and a programme of activities is identified to address them.
Youth Court: The youth court is a section of the magistrates' court and can be located in the same building. It deals with almost all cases involving
young people under the age of 18. This section of
the magistrates' court is served by youth panel magistrates and district judges.
Youth courts are less formal than magistrates' courts, are more open and engage more with the young person appearing in court and their family. Youth courts are essentially private places and members of the public are not allowed in. The victim(s) of the crime, however, has/have the opportunity to attend the hearings of the court if they want to, but they must make a request to the court if they wish to do so. The needs and wishes of victims will always be considered by the court and, through the Youth Offending Service, they often have the opportunity to have an input into the sentencing process.
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Community Sentences
Absolute Discharge: When a young person admits guilt or they are found guilty, but no further action is taken against them.
Conditional Discharge: A young person receiving a Conditional Discharge receives no immediate punishment. A period of between 6 months and 3 years is set and, as long as the young person does not commit a further offence during this period, no punishment will be imposed. However, if the young person commits another offence during this period, they can be brought back to court and re-sentenced.
Fine: The size of a fine reflects the offence committed and the offender's financial circumstances. For a person under 16 years of age, the payment of the fine is the responsibility of their parents/carers and their financial circumstances will be taken in to account when the level of the fine is set.
Reparation Order: Reparation Orders are designed to help young offenders understand the consequences of their offending and take responsibility for their behaviour. They require the young person to repair the harm caused by their offence either directly to the victim (this can involve victim/offender mediation if both parties agree) or indirectly to the community. Examples of this might be cleaning up graffiti or undertaking community work. The order is overseen by the Youth Offending Service.
Referral Order: A Referral Order is given to a young person who pleads guilty to an offence when it is his/her first time in court.
The only exceptions are if the offence is so serious that the court decides a custodial sentence is absolutely necessary, or the offence is relatively minor, in which case an alternative such as a fine or an absolute discharge may be given.
When a young person is given a Referral Order, he/she is required to attend a Youth Offender Panel, which is made up of two volunteers from the local community and panel adviser from a Youth Offending Service. The panel, with the young person, their parents/carers and the victim (where appropriate), agree a contract lasting between three and 12 months. The aim of the contract is to repair the harm caused by the offence and address the causes of the offending behaviour.
The conviction is 'spent' once the contract has been successfully completed. This means that in most circumstances the offence will not have to be disclosed by the young person when applying for work.
Attendance Centre Order: An Attendance Centre Order sentences a young person to attend an Attendance Centre. Attendance Centres are normally run by the police. The regime typically involves discipline, physical training and social skills. The order can last up to 36 hours depending on the age of the offender and the seriousness of the offence.
Action Plan Order: An Action Plan Order is an intensive, community-based programme lasting 3 months. The order is supervised by the Youth Offending Service. The programme developed by the Service is specifically tailored to the risks and needs of the young person. It can include repairing the harm done to the victim of the offence or the community, education and training, attending an Attendance Centre or a variety of other programmes to address a young person's offending behaviour.
Supervision Order: A Supervision Order can last up to three years. A range of conditions can be attached to a Supervision Order when the sentence is used for more serious offences. These are called 'specified activities' and can last for up to 90 days. Examples of 'specified activities' might be participation in an Intensive Surveillance & Supervision Programme (ISSP), drug treatment (for young people aged 16+), curfews or residence requirements which might require a young person to live in local authority accommodation for the period of the sentence.
A young person receiving a Supervision Order is also required to take part in activities set by the Youth Offending Service which could include repairing the harm done by their offence either to the victim or the community and programmes to address their offending behaviour such as anger management.
This sentence is only available to courts for young people aged 16-17. It is equivalent to a Supervision Order, but for this specific age range. It is supervised by a Youth Offending Service and can include activities such as repairing the harm caused by their offence, programmes to address offending behaviour or an Intensive Surveillance & Supervision Programme (ISSP).
Community Punishment Order: This sentence is only available to courts for young people aged 16-17. It requires a young person to complete unpaid community work for a period of 40-240 hours. Examples of the type of activities involved are:
- carpentry;
- conservation;
- decorating;
- working with the elderly or vulnerable.
The sentence is supervised by the Probation Service Community Service Team.
Community Rehabilitation Order & Community Punishment Order : This sentence is only available to courts for young people aged 16-17. It involves elements of both the Community Punishment Order and the Community Rehabilitation Order . It can last for 12 months to 3 years. The unpaid community work can last between 40-100 hours.
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Sentences to Custody
Detention & Training Order: The Detention & Training Order (DTO) sentences a young person to custody. It can be given to 12- to 17-year-olds. The length of the sentence can be between four months and two years. The first half of the sentence is spent in custody whilst the second half is spent in the community under the supervision of the Youth Offending Service. The court can require the young person to be on an Intensive Surveillance & Supervision Programme (ISSP) as a condition of the community period of the sentence.
A DTO is only given by the courts to young people who represent a high level of risk, have a significant offending history or are persistent offenders and where no other sentence will manage their risks effectively. The seriousness of the offence is always taken into account when a young person is sentenced to a DTO.
Section 90/91: If a young person is convicted of an offence for which an adult could receive at least 14 years in custody, they may be sentenced under Section 90/91. This sentence can only be given in the Crown Court.
If the conviction is for murder, the sentence falls under Section 90, otherwise the sentence will be under Section 91. The length of the sentence can be anywhere up to the adult maximum for the same offence, which for certain offences may be life. A young person given a Section 90/91 sentence will be placed in custody.
If they are sentenced to less than four years, they will leave custody at the halfway point of their sentence and be supervised on licence by their Supervising Officer until the three-quarters point. If certain conditions apply, the young person may be released on a tag up to 134 days earlier, under the Home Detention Curfew scheme. For young people sentenced to four years or more, if they are successful at their parole hearing, they will leave custody at the half-way point. If they are unsuccessful, they will leave at the two-thirds point. In both cases, they will be supervised by their supervising officer until the three-quarters point.
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Last Modified:
27/11/2007 09:47:08
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