G151 English Legal System2011-12Miss Hart Sentencing: Youth Offenders & Numbers
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?
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
What is the aim insentencing youths? “preventfuture crime” Crime and Disorder Act 1998 Going for the top?Look at the aims under the Crime and Immigration Act 2008
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-Court2. First tier3. Sentences
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 IndividualAnti-Social Behaviour Behaviour ASBO Support Methods Contract Order
Firstly Custodial Sentences Should only be used where all other sentences are inappropriate Secure Children’s Home Secure Training Centre e.g. Orchard Lodge, Londone.g. Oakhill in Milton Keynes Young Offenders Institute e.g. Aylesbury
Types of Custodial Sentences: Detention & Training Order Applies to those aged: Lasts:First half = custodySecond Half = Supervised inthe community (may have anISSP attached) When hand them out? Significant OffendingPersistent Offenders Seriousness of the offence History
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’sPleasure” s.91• Indefinite licence on release. • Up to the max available for an adult • Released ½ way through •On licence for a period afterwards
Any other custodial sentences? Suspended Home detention sentence curfew Detention for Public Protection (DPP)Extended Sentence Fixed Term Do these sound familiar?
Finally… ParoleThis is bonus knowledge for youlucky people...and should be a little familiar... Length of Point at which What happens Sentences they may leave next?
Sentence type two: Community Orders Remember:1. If the offender is aged over 16, he may be given an adult community order2. 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.
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?
Plenary: Which is the odd one out?a. Unpaid work a. 22 year old a. Referralb. Residence b. 19 year old b. Reparationc. Exclusion c. 15 year old c. Educationa. Extended sentence A. ISS a. 10b. Fixed term sentence B. ABC b. 8c. DPP C. ASBO c. 18 ... and why?
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
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.
Intensive Supervision and Surveillance Order Simple Task! Complete the questions1. Who is the ISS aimed at? using the information in2. 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 Supervision5. What do you think is the aim behind the introduction of the ISS? Why?
Thirdly... Other Punishments... These are all known as first tier sentences What do you think this means? Reparation Discharges Order Referral OrderAbsolute Conditional Fines
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 16requirements 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?
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.
What actually happened in Edlington?
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 riskthey posed to the public and their lack of apparent remorse meant that they were likely to belocked 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 kickout of hurting and humiliating [the victims]," he said, directly addressing the brothers. "The bottomline for the two of you is that you both pose a serious risk of harm to others. Your crimes are trulyexceptional."
What should an AO1 answer look like? The type of sentence that a young offender may receiveThis 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,, thenYou 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.
Improving the responseLEVEL 4 Good, well-developed The aim is to be in Level Four, so howknowledge with a clear understanding 15-18 are we going to get there?of the relevant concepts and principles.Where appropriate, candidates will beable to elaborate by good citation torelevant statutes and case-law. The custodial sentence for a young offender may include a number of months/years in a young offendersLEVEL 3 Adequate knowledge showing institute, if they have committed areasonable understanding of the crime that would usually if sentencingrelevant 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 inelaborate with some citation of relevant the young offenders institute until theystatutes and case-law. can be tried as an adult.LEVEL 2Limited knowledge showinggeneral understanding of the relevant A custodial sentence should be the last option for a young offender. Under theconcepts and principles. There will be 6-10 Powers of Criminal Courts (Sentencing)some elaboration of the principles, andwhere appropriate with limited Act 2000, they should only bereference to relevant statutes and case- imprisoned if they are prolificlaw. offenders or the seriousness of the offence justifies it.LEVEL 1 Very limited knowledge of thebasic concepts and principles. There willbe limited points of detail, but accurate 1-5citation of relevant statutes and case-law will not be expected. Now you rewrite the sections on pp. 18 aiming for detail and accuracy!
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...
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.
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?”
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