3. Next Topic:Youth Offenders & Sentencing For this topic you need to be able to: Explain the aims when sentencing youth offenders Understand the different types of sentences available for youth offenders. Explain the changes made under the Criminal Justice and Immigration Act 2008 s.1
4. Youth Offenders Age of responsibility? How do they deal with the case of a younger offender?
5. What then is the aim in sentencing youths? Crime and Disorder Act 1998 and Crime and Immigration Act 2008
6. 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: Pre-Court First tier Sentences
7. Pre-Court Responses Warning Given by Police Officer 1st Offence & Plead Guilty Can be referred to YOT Given by Police Officer 1st or 2nd Offence & Plead Guilty Assessed for causes and given programme to address this. Reprimand Acceptable Behaviour Contract ASBO Individual Support Order Anti-Social Behaviour Methods
8. Community Orders Type One: Referral Order The offender is required to attend a Youth Offender Panel (made up of 2 volunteers from the local community and a member of YOT). The youth, parents, panel and possibly the victim agree a contract. The aim of the contract is to repair the damage and minimize the risk of re-offending. This can last up to 12 months This has now been widened to include: D’s first offence, and pleads guilty D has 1 previous conviction D has previously been bound over D has previously been given a conditional discharge. Remember: 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.
9. What is shown below?Each set of pictures makes up a word: Which one? 1. 3. 2. Community Zen + tense Sentence Curse + toad(y) Custody 6. 4. 5. 9 Discharge Fine War + nine Warning
11. ISS: Intensive Supervision and Surveillance Who is the ISS aimed at? How long does it generally last? How might an offender end up on an ISS? There are two elements to the requirement: the intensive supervision and the surveillance. Give three examples of each: What do you think is the aim behind the introduction of the ISS? Why? Complete the questions using the information in your pack.
12. 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. Orchard Lodge, London Young Offenders Institute e.g. Feltham Young Offenders Institute, London
13. Types of Custodial Sentences:Detention & Training Order Applies to those aged: Lasts: First half = custody Second Half = Supervised in the community (may be with an ISSP attached) When hand them out? Persistent Offenders Significant Offending History Seriousness of the offence
19. Other Punishments... Fines 10-13 £250 14-17 £1000 18+ £5000 But… who pays? Discharges Conditional 6 months – 3 years “exceptional circumstances” Absolute
20. Student task:A Case Study on the Edlington Attacks Last January, 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 at the back of the handout 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. 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."
22. Which is the odd one out? Unpaid work Residence Exclusion 22 year old 19 year old 15 year old Edlington Liverpool Haringey Extended sentence Fixed term sentence DPP ISO ABC ASBO 10 8 18
23. Electronic Monitoring Unpaid work DPP DTO ISS or Intensive Fostering Mix of 16 requirements Threshold? Custodial Supervision Community Exclusion Powers of Criminal Courts (Sentencing) Act 2000 Youth Rehabilitation Order Crime & Immigration Act 2008 From 30th Nov 2010 s.90 Order s.91 Order Referral Order Youth Sentencing Fines Warning 10-17 Pre-Court “First tier” Reprimand Aims? Discharges To prevent future offending Crime & Disorder Act 1998 Soon... The same aims as for adults under Crime and Immigration Act 2008 ASBO Conditional Absolute ABC ISO
24. As it’s Friday, a couple of riddles to get you thinking: Can a man marry his wife’s sister in Bedfordshire? A man kills his wife. Lots of people see him do it, yet he is never charged or convicted of murder.
25. Does sentencing work? 2005 Recidivism Rates from The Times Community rehabilitation order: 62.6% Drug treatment and testing order: 88.9% Community punishment order: 38.9% Community punishment & rehabilitation order: 54.4% Prison: 67.4% In 2007 73% of young males and 80% of young females sentenced for an indictable offence received a community sentence. The rates for older offenders are much lower with 25% of sentenced males aged 18 and over and 30% of sentenced females in that age group given a community sentence. £ Average prison for adults length 16.6 months Number of juveniles sentenced fell to 9,600 In most recent statistics In 2007, the average custodial sentence for juveniles was 10.3 months From The Guardian November 2010 Prison has an occupancy of 85%, with over 60,000 The proportion of young offenders receiving a community sentence for an indictable offence has risen from 49% in 2000 to 74% in 2007. Over the same period the proportion of young offenders receiving a custodialsentence has fallen from 12.4% to 9.8%.
26. End of Unit:Assessing the AO2 Using all you have learnt complete the evaluation section in your handout. You may wish to use the articles as well. Aim for threepoints, for each side
27. Final Task: Now you know what the examiner is looking for… how good are you at marking? Read the example you have just been given (this is a genuine student’s answer from the past) Use your plan to help mark it, and then decide what mark you would use (see left) Finally: rewrite it all... focus on detail and accuracy
28. (b) Discuss which sentences are most likely to prevent a young offender from further offending. [12]
