Sentencing:Youth Justice& NumbersG151 English Legal SystemMiss Hart
When should a child be responsible for their crime?D, who is 16 is messingaround with his mother’sgun. It goes off and killshis sister, 12 dead.D, who is 5, picks up theair rifle her dad left outafter going to answerthe phone, and shootsher 18 month oldbrother in the head.D, 14, pours bleach over V’s head after she askshim to be quiet in the cinema.D, who is 15, kidnaps,beats up and kills V,aged 12 and dumps hisbody in a wheelie bin .D, who is 8, kills his sister because she was crying soloudly that she drowned out the TVD, who is 11, goes into a shop picks up achocolate bar and walks out.D, who is 12, is playing with his friends in abarn when it catches on fire. They run away.Look at the scenarios below. Which do you think should be criminally liable and why?D, who is 10 isbeing bullied by V.He hits himrepeatedly, killinghim.
Why such a big deal about youthoffenders?Watch this extract from the One show, on the problem ofyouth 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 ofresponsibility, 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 1998Going for the top?Look at the aims under the Crime andImmigration 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 knowthree levels of sentencing:1. Pre-Court2. First tier3. Sentences
Pre-Court ResponsesReprimandFinalWarningAnti-Social BehaviourMethodsGiven by Police Officer1st Offence & Plead GuiltyCan be referred to YOTGiven by Police Officer1st or 2nd Offence & Plead GuiltyAssessed for causes and given programmeto address this.AcceptableBehaviourContractASBOIndividualSupportOrder
FirstlyCustodial SentencesShould only be used where all other sentences are inappropriateSecure Training Centree.g. Oakhill in Milton KeynesSecure Children’s Homee.g. Orchard Lodge, LondonYoung Offenders Institutee.g. AylesburyLook at the attachedvideo...
Each set of pictures makes up a word:Which one?188.8.131.52.5.Zen + tenseSentenceCurse + toad(y)CustodyCommunityDischargeFine
Types of Custodial Sentences:Detention & Training OrderWhen hand them out?Persistent OffendersSignificant OffendingHistorySeriousness of the offenceApplies to those aged:Lasts:First half = custodySecond Half = Supervised inthe community (may have anISSP attached)
Types of Custodial Sentences:S.90/91 OrderPowers of the Criminal Court (Sentencing) Act 2000s.90• Applies only to murder• Detained “At Her Majesty’sPleasure”• Indefinite licence on release.s.91• Up to the max available for an adult• Released ½ way through•On licence for a period afterwardsAvailable for crimes for which an adult would receive asentence of 14 years or more and are tried in the Crown Court
Any other custodial sentences?Extended Sentence Fixed TermSuspendedsentenceHome detentioncurfewDetention forPublic Protection(DPP)Do these sound familiar?
Finally…ParoleLength ofSentencesPoint at whichthey may leaveWhat happensnext?This is bonus knowledge for youlucky people...and should be a little familiar...
Extension:Which custodial sentence would be the mostappropriate for each situation?Bob, aged 14, has beenconvicted of GBH on histeacher, after he flung hischair at her head, causingserious scarring.He has two previousconvictions for assault.Louisa, aged 16, has beenconvicted of murder aftershe shook her babysittingcharge to death forinterrupting a phone callfrom her boyfriend.She has no previousconvictions.Jason, aged 13, has beenconvicted of four counts ofburglary. He has previouslybeen given a shortcustodial sentence of threemonths.
Sentence type two:CommunityOrdersRemember:1. If the offender is aged over16, he may be given anadult community order2. These should only be givenwhere the crime is of suchseriousness that thepunishment is justified.3. Breach of these mayultimately lead to acustodial sentence.
Youth Rehabilitation Order... Some more information!Criminal Justice and Immigration Act 2008Student Tasks:AO1: Knowledge of the lawUsing your understanding ofthe adult options, and the cards inyour pairs, complete your handout toillustrate each of these options!AO2: Applying the lawYou have all been given one of threeproblems. What YRO would you handout to the offender and why?
Got it?Which requirement am I?You are going to see 10 requirements which may make up a YouthRehabilitation Order. Some of these we have done, but some we haven’t.Can you guess which order it is?I last for up to 6 monthsI require a willingness to participateI may not involve going anywhere, but I can still helpI can help you with an mental problems you are havingMENTAL TREATMENT ORDERI last for up to 36 hoursI take place on a SaturdayI might involve doing some maths and EnglishI tend to be run by the police and aim to disrupt your free time to stop offendingATTENDANCE CENTRE ORDERI last for a grand total of 90 daysI might involve you meeting someone you’ve harmedIf you go somewhere, I only last for 7 daysI might make you focus on thinking skills, or binge drinking…ACTIVITY REQUIREMENTI last for up to 3 yearsI will help to support you with all the other requirementsI will meet you regularlyI monitor you and may breach you if you break meSUPERVISION REQUIREMENTI might involve knife crimeI am a positive thing you can doI might also involve anger managementI am helping you to reprogram yourself…PROGRAMME REQUIREMENTI last for up to 6 monthsI might be between 2-12 hours longI will tell you where to beI might involve tracking youCURFEW REQUIREMENTI can’t be used on my ownI need someone to be responsible for meI will make sure you are where you say you areI am a wonder of modern technology!ELECTRONIC MONITORING REQUIREMENTI depend on how old you are.I might be used to get you to a relativeI can only last 6 monthsIf you are older, you may be able to leave the familyRESIDENCE REQUIREMENTI will use the police to make sure you stick to itI am negative in my approachI might stop you possessing guns…or contacting particular peoplePROHIBITED ACTIVITY REQUIREMENTI only kick in if you are 16-17 years oldI might last as long as 240 hours…or as short as 40 hours…But I must finish within a yearUNPAID WORK REQUIREMENT
You be the (district) judge!Joe, aged 12, has been convicted of robberyafter he stole £200 from his school mufti fund.He has an ASBO for anti-social behaviourtowards others in his neighbourhood, and wasconvicted along with two other friends.Louise, age 15, has been convicted of assaultafter she hit her sister, causing her to breakher nose. Louise has been depressed and is nolonger attending school. She has previously beenon medication to help with the depression, buthas stopped taking it. She has no previousconvictionsStacey, aged 11, has been convicted of twocounts of theft and one of criminal damage.She has three previous convictions for criminaldamage, all of which occurred after drinkinglarge amounts of alcohol. She currently liveswith her parents, who are both alcoholics.Using everything you have learntabout youth sentencing so far, andabout the things which judges takeinto account in sentencing anoffender, you are going to…sentence the perp!
Peer AssessmentNow you haveanother response…to another question!You are going toapply yourunderstanding ofboth the law and theexam demands tomark the response.A point:Louisa has no previousconvictions which would workin her favourA developed point:Stacey’s previous convictionswould not work in her favourbecause she is a greater risk ofreoffending, and so is likely tomake her sentence worse.A well developedpoint:Joe has been charged with aserious offence which wouldincrease the likelihood of acustodial sentence because ofsentencing guidelines and it isfrom his school. However, theamount that he has stolen isquite small, and so wouldprobably work to reduce hissentence.Now, using your understanding markand comment on:An absolutely fabulousthing….Better if you…How confident should theybe with their response?
Intensive Supervision andSurveillance OrderSimple Task!Complete the questionsusing the information inyour pack.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 therequirement: the intensive supervision andthe surveillance. Give three examples ofeach:5.What do you think is the aim behind theintroduction of the ISS? Why?Surveillance Supervision
Thirdly...Other Punishments...Referral OrderReparationOrderThese are all known as first tier sentencesWhat do you thinkthis means?FinesDischargesAbsolute ConditionalHow many of these can you already describe usingyour knowledge from adult sentencing?
Applying the law:A Case Study on the Edlington AttacksJanuary 2010, two boyswere convicted of a viciousattack on another twoyoung boys. Now that youhave looked at all of theoptions for youthsentencing, in your pair,you are going to take onthe role of the judge.MitigatingAggravatingWhat sentence would yougive and why?Be prepared topresent & defendyour conclusions!
Student task:A Case Study on the Edlington AttacksThe 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."
Starter:Can you tame thetrionomoes?Lollipop level– just brainsSticker level– helpful handoutToo easy?Can you identify thepunishments whichare missing andexplain what theyhave in common.
YouthSentencingAims?Pre-CourtCommunityCustodialAge:Crime & Disorder Act 1998Youth Rehabilitation OrderCrime & Immigration Act 2008Mix of 16requirementsISSPowers of Criminal Courts(Sentencing) Act 2000Threshold?DTOFirst TierUsing one colour... How much can you add to the brainstorm without notes?Now take another and add to your notes using notes etc.Others?Discharges?Orders?Fines?Anti-social behaviourmeasures
What should an AO1 answer look like?The type of sentence that a young offender may receiveare slightly different from those of an adult. Thecustodial sentence for a young offender may include anumber of months/years in a young offenders institute,if they have committed a crime that would usually ifsentencing an adult, result in a longer sentence,, thenthe young offender will remain in the young offendersinstitute until they can be tried as an adult. Thecommunity sentence for a young offender, like that of anadult, will include a number of hours unpaid work, dueto the young offenders age this is most likely to includeactivities such as litter picking, cleaning graffiti off ofpublic walls or perhaps work in an old persons’ home.Other sentences for a young offender may be a ASBOwhich will give each individual who is given one specificconditions which they must abide by such as curfew,banning from certain areas etc. An ASBO would usuallybe given for repeated petty/summary offences such aspublic disturbances, vandalism or drinking on the streets.Like adult offenders young offenders can also bedischarged by the court if they have committed a crime,but the courts feel that they should not be punished.Discharge can also be conditional so the offender may betold to go to rehabilitation or drug abuse meetings.This is a real answer from June2009.You need to mark and grade it.You have an indicative scheme, in thebrainstorm, and the descriptions onyour sheet.Extension:Imagine you are this student’s teacher.What advice would you have for them?What have they done well?What do they need to focus on toimprove?
LEVEL 4 Good, well-developedknowledge with a clear understandingof the relevant concepts and principles.Where appropriate, candidates will beable to elaborate by good citation torelevant statutes and case-law.15-18LEVEL 3 Adequate knowledge showingreasonable understanding of therelevant concepts and principles. Whereappropriate, candidates will be able toelaborate with some citation of relevantstatutes and case-law.11-14LEVEL 2Limited knowledge showinggeneral understanding of the relevantconcepts and principles. There will besome elaboration of the principles, andwhere appropriate with limitedreference to relevant statutes and case-law.6-10LEVEL 1 Very limited knowledge of thebasic concepts and principles. There willbe limited points of detail, but accuratecitation of relevant statutes and case-law will not be expected.1-5Improving the responseThe aim is to be in Level Four, so howare we going to get there?A custodial sentence should be the lastoption for a young offender. Under thePowers of Criminal Courts (Sentencing)Act 2000, they should only beimprisoned if they are prolificoffenders or the seriousness of theoffence justifies it.The custodial sentence for a youngoffender may include a number ofmonths/years in a young offendersinstitute, if they have committed acrime that would usually if sentencingan adult, result in a longer sentence,,then the young offender will remain inthe young offenders institute until theycan be tried as an adult.Now you rewrite the sections on pp. 18aiming for detail and accuracy!
Evaluation Work:Do the sentences actually work?Produce one A4 sideaimed at evaluating oneside of one of thetypes of sentencing.All of you will be able to identifytwo problems or advantages ofthat sentence for one set ofoffenders.Most of you will be able toexplain why they are problems oradvantages.Some of you will be able toconsider the issues for both adultand youth offenders.You each have a copy of this page, and each table has 2 articles (notall of you have the same ones!) to help you. You may want to share andexchange to help you...
Apply yourunderstanding!Discuss which sentences are most likely to prevent ayoung offender from further offending  Jan 2011Key tips:Aim for at least three welldiscussed points, and a reasonedconclusion.If you can’t fully discuss onepoint, then add an extra one!Use clear examples ordevelopment to support yourdiscussion.Develop your counterargument(not just a one sentencestatement!)Use the key words of thequestion in your evaluation.Reprimands and warning are very effective instopping a youth offender from further offencesif it is a first offences becausehowever,Now complete three more points anda reasoned conclusion
Check on your learning...On your sheet of A5, complete the sentences in asmuch 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...