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  1. 1. Each set of pictures makes up a word: Which one? 1. 2. 3. Zen + tense Curse + toad(y) Sentence Custody Community 5. 4. Discharge Fine
  2. 2. Adult Sentencing
  3. 3. When should a child be responsible for their crime? Look at the scenarios below. Which do you think should be criminally liable and why? D, who is 16 is messing around with his mother’s gun. It goes off and kills his sister, 12 dead. D, who is 5, picks up the air rifle her dad left out after going to answer the phone, and shoots her 18 month old brother in the head. D, 14, pours bleach over V’s head after she asks him to be quiet in the cinema. D, who is 15, kidnaps, beats up and kills V, aged 12 and dumps his body in a wheelie bin . D, who is 10 is being bullied by V. He hits him repeatedly, killing him. D, who is 12, is playing with his friends in a barn when it catches on fire. They run away. D, who is 8, kills his sister because she was crying so loudly that she drowned out the TV D, who is 11, goes into a shop picks up a chocolate bar and walks out.
  4. 4. Vinney Green You are going to watch a documentary set at a Secure Children’s Home. You will need to make notes in order to be able to answer the following question (this is your homework for this week) What do you think the biggest issues when treating youth offenders are, and do we tackle them effectively in the current system?
  5. 5. Starter: Can you work out the ages?
  6. 6. How old is old enough? All of you should be decide what you think the age of criminal responsibility should be Most of you should be able to justify your decision using the information in your hand out. Some of you will be able to consider the impact the age of responsibility has on the rate of youth offending. Channel 5 10pm 30.1.2014
  7. 7. The Basics:  What is a youth offender?  What is the aim in sentencing youths?  Crime and Disorder Act 1998  Where does the trial take place?  Why are they such a problem? Going for the top? Look at the aims under the Crime and Immigration Act 2008
  8. 8. What can we do to a youth offender? 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: Pre-Court First tier Sentences
  9. 9. Pre-Court Options: These have recently changed under LASPO 2012, amending the Crime and Disorder Act 1998 Youth Caution Youth conditional Caution Given by Police Officer for any offence 1st Offence & admits the offence Referred to YOT [who will set up rehab programme] Given by Police Officer, and if under 16, in front of a parent. D admits offence, and there’s evidence Prosecution the only other option Referred to YOT Note: whilst these can be used for any offence, if it is indictable, the CPS have to sign off on it. Anti-Social Behaviour Methods Acceptable Behaviour Contract ASBO Individual Support Order
  10. 10. Firstly Custodial Sentences Should only be used where all other sentences are inappropriate Secure Training Centre e.g. Oakhill in Milton Keynes Secure Children’s Home e.g. Vinney Green, Young Offenders Institute e.g. Aylesbury Student Task: thinking about what you learnt about Vinney Green, note down the issues you think affect their effectiveness.
  11. 11. Types of Custodial Sentences [1] Detention & Training Order Applies to those aged: Lasts: First Half custody Second Half Supervised in the community (may have an ISS attached) Who gets one?
  12. 12. Starter: Complete each sentence with as much detail as you can Aiming for A-B – include a well explained example or an illustration.  A youth offender is…  The biggest problem with youth offending is…  There are a number of ways to deal with youth offenders pre-court…  If a young person is sent to custody…  The most common custodial sentence for youth offenders is…  The aim in sentencing youth offenders is…
  13. 13. Types of Custodial Sentences: But that’s not good enough! Powers of the Criminal Court (Sentencing) Act 2000 s.90 s.91  Applies only to murder  Indefinite licence on release  Minimum tariff of 12 years.  Similar to ‘discretionary life sentence’  For any crime where an adult would receive 14 years or more.  Can include detention for life Detention at Her Majesty’s Pleasure Extended Sentence under LAPSO  significant risk to the public of serious harm  Custody of at least four years  2/3 served, and extended period on licence.
  14. 14. A few familiar faces. Using your knowledge of adult sentencing, can you explain what is meant by each of these youth sentences? Home detention curfew Fixed Term
  15. 15. Let me out! Parole Length of Sentences Point at which they may leave What happens next?
  16. 16. Can you put it all together and sentence some real defendants? 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 custodial sentences for youth sentencing, in your pair, you are going to take on the role of the judge. All of you will watch the short report and read one of the articles, identifying relevant factors. Most of you will be able to use these to determine an justify a custodial sentence. Some of you will be able to identify which larger issues, related to child offenders are illustrated by tis case.
  17. 17. The sentence and the reasons... A Case Study on the Edlington Attacks 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."
  18. 18. Starter: Complete each sentence with as much detail as you can Aiming for A-B – include a well explained example or an illustration.  A youth offender is…  The biggest problem with youth offending is…  There are a number of ways to deal with youth offenders pre-court…  If a young person is sent to custody…  The most common custodial sentence for youth offenders is…  The aim in sentencing youth offenders is…
  19. 19. Sentence type two: Community Order Youth Rehabilitation Order  If the offender is aged over 16, he may be given an adult community order  These should only be given where the crime is of such seriousness that the punishment is justified.  Breach of these may ultimately lead to a custodial sentence. Criminal Justice and Immigration Act 2008
  20. 20. What can you already tell us? Student Tasks: AO1: Knowledge of the law Using your understanding of the adult options, complete your handout to illustrate each of these options!
  21. 21. Intensive Supervision and Surveillance Order 1. Who is the ISS aimed at? 2. How long does it generally last? 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? Simple Task! Complete the questions using the information in your pack.
  22. 22. Thirdly... Other Punishments... These are all known as first tier sentences What do you think this means? Discharges Reparation Order Referral Order Absolute Conditional Fines How many of these can you already describe using your knowledge from adult sentencing?
  23. 23. Which requirement am I? You are going to see 10 requirements which may make up a Youth Rehabilitation Order. Some of these we have done, but some we haven’t. Can you guess which order it is? I uselastlast acanup makemonthsdaysold Icanlast grandtotoa3you90are. kick the involve 12 sureapproach IImight befosteryour change. I Iteachtrick how house… last for upareoldyears in 36 my provide how on ofcrime I canI’llcan’tifon restrict tohours help for used 616-17 you I will onlyIthefor Iyouyoutonicenew own stick to it I I dependforto a totalmonths I’mpoliceup to knifeyouyears treat I requirenegative onsomeonethe basics mighta positivelong2-16 participate me Isupportonlyschoolresponsible for harmed might aelectronicmytheto a you’ve amneedyou to thingSaturday do I …butused your permission long needlast as inbeallattituderelative I be between rehabilitation take meeting ayou hours requirements be willingness to tocan place get help onhours asyou other 240 work might I’m to don’tsomeone my approach I will helpIinvolve you local in I mightI need am to I will sample with I I mightIyou involvestopyou’re timesto beIsay days are mayIf Iworkbesureinvolvebettereighteens7English I mightinvolveIOrmeetlastwhere youguns or at help not I mightonlyseveral 6regularly canyou But forifyousome monthsand …or only you angerhours… Iwill tell you threeelsewhere Butcandoingarepossessingfor for I 16/17but I willmightfork asyoulastas onlymanagement home make somewhere,wheremonths still will only undermaths willgoIalsogoing anywhere, a month… usedshortyou40 last I tend to bemight makepolicecontacting you’reyou6people arefamilystop offending I can the youIamightmay youtracking leave break me am older, entermentalhanging months helping on of reprogram around But can involvedisrupt I you to problems If monitor…orfocusyoufinish withintechnology! having And I wonderyoube able youryou keep breach willing I run byhelpIYou canandstop if particularaifyourself…drinking… I youIareAnd…but anmay modernto youfree time to am with onlythinkingenvironment you I’ll must a hostelonly year the you and aim to for skills, or binge you UNPAID WORKREQUIREMENT PROGRAMMEREQUIREMENT ATTENDANCEREQUIREMENT MENTAL TREATMENT ORDER EXCLUSION REQUIREMENT CURFEW REQUIREMENT RESIDENCE REQUIREMENT EDUCATION LA Treatment REQUIREMENT ELECTRONIC MONITORING REQUIREMENT PROHIBITED ACTIVITY REQUIREMENT SUPERVISION REQUIREMENT ACTIVITY REQUIREMENT Drug ResidenceCENTRE ORDER
  24. 24. 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. Using everything you have learnt about youth sentencing so far, and about the things which judges take into account in sentencing an offender, you are going to… sentence the perp! 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. She has no previous convictions 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.
  25. 25. Peer Assessment Now you have another response… to another question! You are going to apply your understanding of both the law and the exam demands to mark the response. A point: Louisa has no previous convictions which would work in her favour A developed point: Stacey’s previous convictions would not work in her favour because she is a greater risk of reoffending, and so is likely to make her sentence worse. A well developed point: Joe has been charged with a serious offence which would increase the likelihood of a custodial sentence because of sentencing guidelines and it is from his school. However, the amount that he has stolen is quite small, and so would probably work to reduce his sentence. Now, using your understanding mark and comment on: An a bsolutely fabulous thing…. B etter if you… How c onfident should they be with their response?