1. G151 English Legal System
2011-12
Miss Hart
Sentencing:
Youth Offenders
& Numbers

2. Why such a big deal about youth
offenders?
Watch this extract from the One show, on the problem of
youth offending.
 What issues are raised?
What solutions are offered?

3. How old is old enough?
Student Task:
Read the article over the page on the age of
responsibility, and answer the following questions:
1. What should the age of responsibility be? Why?
2. What happens to a child under the current age,
who commits an offence

4. What is the aim in
sentencing youths?
“prevent
future crime”
Crime and Disorder Act 1998
Going for the top?
Look at the aims under the Crime and
Immigration Act 2008

5. So what happens to youth offenders?
Well, where possible we try to keep them out of the criminal justice system.
This means that you need to know
three levels of sentencing:
1. Pre-Court
2. First tier
3. Sentences

6. Pre-Court Responses
Given by Police Officer
Final 1st Offence & Plead Guilty
Warning Can be referred to YOT
Given by Police Officer
1st or 2nd Offence & Plead Guilty
Reprimand Assessed for causes and given programme
to address this.
Acceptable Individual
Anti-Social Behaviour Behaviour ASBO Support
Methods Contract Order

7. Firstly
Custodial Sentences
Should only be used where all other sentences are inappropriate
Secure Children’s Home
Secure Training Centre e.g. Orchard Lodge, London
e.g. Oakhill in Milton Keynes
Young Offenders Institute
e.g. Aylesbury

8. Types of Custodial Sentences:
Detention & Training Order
Applies to those aged:
Lasts:
First half = custody
Second Half = Supervised in
the community (may have an
ISSP attached)
When hand them out?
Significant Offending
Persistent Offenders Seriousness of the offence
History

9. Types of Custodial Sentences:
S.90/91 Order
Powers of the Criminal Court (Sentencing) Act 2000
Available for crimes for which an adult would receive a
sentence of 14 years or more and are tried in the Crown Court
s.90
• Applies only to murder
• Detained “At Her Majesty’s
Pleasure” s.91
• Indefinite licence on release.
• Up to the max available for an adult
• Released ½ way through
•On licence for a period afterwards

10. Any other custodial sentences?
Suspended Home detention
sentence curfew
Detention for
Public Protection
(DPP)
Extended Sentence Fixed Term
Do these sound familiar?

11. Finally…
Parole
This is bonus knowledge for you
lucky people...
and should be a little familiar...
Length of Point at which What happens
Sentences they may leave next?

12. Sentence type two:
Community
Orders
Remember:
1. If the offender is aged over
16, he may be given an
adult community order
2. These should only be given
where the crime is of such
seriousness that the
punishment is justified.
3. Breach of these may
ultimately lead to a
custodial sentence.

13. Youth Rehabilitation Order
... Some more information!
Criminal Justice and Immigration Act 2008
Student Tasks:
AO1: Knowledge of the law
Using your understanding of
the adult options, and the cards in
your pairs, complete your handout to
illustrate each of these options!
AO2: Applying the law
You have all been given one of three
problems. What YRO would you hand
out to the offender and why?

14. Plenary:
Which is the odd one out?
a. Unpaid work a. 22 year old a. Referral
b. Residence b. 19 year old b. Reparation
c. Exclusion c. 15 year old c. Education
a. Extended sentence A. ISS a. 10
b. Fixed term sentence B. ABC b. 8
c. DPP C. ASBO c. 18
... and why?

15. Each set of pictures makes up a word:
Which one?
1. 2. 3.
Zen + tense Curse + toad(y) Community
Sentence Custody
5.
4.
Fine
Discharge

16. You be the (district) judge!
Stacey, aged 11, has been convicted of two counts
of theft and one of criminal damage. She has
three previous convictions for criminal damage, all
of which occurred after drinking large amounts of
alcohol. She currently lives with her parents, who
are both alcoholics.
Louise, age 15, has been convicted of assault after
she hit her sister, causing her to break her nose.
Louise has been depressed and is no longer
attending school. She has previously been on
medication to help with the depression, but has
stopped taking it.
Joe, aged 12, has been convicted of robbery after
he stole £200 from his school mufti fund. He has
an ASBO for anti-social behaviour towards others
in his neighbourhood, and was convicted along with
two other friends.

17. Intensive Supervision and
Surveillance Order
Simple Task!
Complete the questions
1. Who is the ISS aimed at? using the information in
2. How long does it generally last? your pack.
3. How might an offender end up on an ISS?
4. There are two elements to the
requirement: the intensive supervision and
the surveillance. Give three examples of
each:
Surveillance Supervision
5. What do you think is the aim behind the
introduction of the ISS? Why?

18. Thirdly...
Other Punishments...
These are all known as first tier sentences
What do you think
this means?
Reparation
Discharges Order
Referral Order
Absolute Conditional
Fines

19. Using one colour... How much can you add to the brainstorm without notes?
Now take another and add to your notes using notes etc.
Mix of 16
requirements
ISS
DTO Others?
Threshold?
Community
Youth Rehabilitation Order
Custodial
Crime & Immigration Act 2008
Powers of Criminal Courts
(Sentencing) Act 2000
Youth
Pre-Court Sentencing
Age:
Discharges?
Aims?
Anti-social behaviour Crime & Disorder Act 1998 Fines?
measures
First Tier
Orders?

20. Applying the law:
A Case Study on the Edlington Attacks
January 2010, two boys were convicted of a vicious attack on another two young
boys. Now that you have looked at all of the options for youth sentencing, you
are going to take on the role of the judge.
You need to read the two articles from The Times, and complete the pre-
sentence report for the boys, recommending a sentence and explaining why you
have come to that decision.

21. What actually happened in Edlington?

22. Student task:
A Case Study on the Edlington Attacks
The sentence and the reasons...
The judge told the boys that while he was setting a minimum detention period of five years, the risk
they posed to the public and their lack of apparent remorse meant that they were likely to be
locked away for considerably longer, and so he attached a DPP order.
"The fact is this was prolonged, sadistic violence for no reason other than that you got a real kick
out of hurting and humiliating [the victims]," he said, directly addressing the brothers. "The bottom
line for the two of you is that you both pose a serious risk of harm to others. Your crimes are truly
exceptional."

23. What should an AO1 answer look like?
The type of sentence that a young offender may receive
This is a real answer from June are slightly different from those of an adult. The
2009. custodial sentence for a young offender may include a
number of months/years in a young offenders institute,
if they have committed a crime that would usually if
You need to mark and grade it. sentencing an adult, result in a longer sentence,, then
You have an indicative scheme, in the the young offender will remain in the young offenders
brainstorm, and the descriptions on institute until they can be tried as an adult. The
community sentence for a young offender, like that of an
your sheet.
adult, will include a number of hours unpaid work, due
to the young offenders age this is most likely to include
activities such as litter picking, cleaning graffiti off of
public walls or perhaps work in an old persons’ home.
Other sentences for a young offender may be a ASBO
which will give each individual who is given one specific
conditions which they must abide by such as curfew,
Extension:
banning from certain areas etc. An ASBO would usually
be given for repeated petty/summary offences such as
Imagine you are this student’s teacher.
public disturbances, vandalism or drinking on the streets.
Like adult offenders young offenders can also be
What advice would you have for them?
discharged by the court if they have committed a crime,
What have feel thatdone well? What do they
but the courts they they should not be punished.
need to focus on to improve?
Discharge can also be conditional so the offender may be
told to go to rehabilitation or drug abuse meetings.

24. Improving the response
LEVEL 4 Good, well-developed The aim is to be in Level Four, so how
knowledge with a clear understanding 15-18 are we going to get there?
of the relevant concepts and principles.
Where appropriate, candidates will be
able to elaborate by good citation to
relevant statutes and case-law. The custodial sentence for a young
offender may include a number of
months/years in a young offenders
LEVEL 3 Adequate knowledge showing
institute, if they have committed a
reasonable understanding of the
crime that would usually if sentencing
relevant concepts and principles. Where 11-14 an adult, result in a longer sentence,,
appropriate, candidates will be able to
then the young offender will remain in
elaborate with some citation of relevant
the young offenders institute until they
statutes and case-law.
can be tried as an adult.
LEVEL 2Limited knowledge showing
general understanding of the relevant A custodial sentence should be the last
option for a young offender. Under the
concepts and principles. There will be 6-10 Powers of Criminal Courts (Sentencing)
some elaboration of the principles, and
where appropriate with limited Act 2000, they should only be
reference to relevant statutes and case- imprisoned if they are prolific
law. offenders or the seriousness of the
offence justifies it.
LEVEL 1 Very limited knowledge of the
basic concepts and principles. There will
be limited points of detail, but accurate 1-5
citation of relevant statutes and case-
law will not be expected. Now you rewrite the sections on pp. 18
aiming for detail and accuracy!

25. Plenary:
On your sheet of A5, complete the sentences in as
much detail as you can!
A youth offender is...
 The biggest problem with youth offending is...
If a young person is sent to custody, they may go to...
If a young person is convicted of murder they will be sentenced to...
 The aim of sentencing youth offenders is...
The community order for youth offenders is....
This includes...
The most serious type of community order is...
A first tier sentence is...

26. Extension:
Do the sentences actually work?
Work in pairs...
Using the information in your handout,
the sheet and there are other articles...
You are going to use the information to
present a short response on one of the
following six areas:
Custodial sentences are effective
Custodial sentences are not effective
Community sentences are effective
Community sentences are not effective
Youth sentencing is effective
Youth sentencing is not effective.

27. Homework
1. Write up your improved response to
the youth sentencing essay
2. You have all been given a sheet of
statistics and points, along with some
articles. Using this and other resources
(there are some excellent articles
available from the library)
You are going to write at least a side in
response to the following question:
“How effective is the current sentencing
approach to both adults and youth
offenders in England and Wales?”

28. Plenary:
How well do you actually know the
whole of sentencing?
Remember the introductory sheets with your post-its?
Now you have them back...
How much did you know?
Using the coloured card, complete a revision sheet on the whole topic – using the
correct post-its and your knowledge, you have 10 minutes...
Aims of sentencing Adult Sentencing
Factors Youth sentencing