I would sentence both boys to detention and training orders of 5 years, with an extended license period of 5 additional years. Given the extreme sadism and violence displayed against helpless victims, a lengthy custodial sentence is warranted to protect the public and rehabilitate the offenders. Additionally, an extended supervision period is necessary upon release due to the high risk of harm they present. The main aims in sentencing are public protection, punishment for such severe crimes, and rehabilitation of the youth offenders, given their young age.

1. When should a child be responsible for their crime?
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 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.
D, who is 12, is playing with his friends in a
barn 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 is
being bullied by V.
He hits him
repeatedly, killing
him.

2. 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
What do you think the biggest
issues when treating youth
offenders are, and do we tackle
them effectively in the current
system?

3. Starter:
Can you work out the ages?

4. 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

5. Going for the top?
Look at the aims under the Crime and Immigration Act 2008
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?

6. 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

7. Pre-Court Options:
Youth
Caution
Youth
conditional
Caution
Anti-Social Behaviour
Methods
Given by Police Officer for any 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
Acceptable
Behaviour
Contract
ASBO
Individual
Support
Order
These have recently changed under LASPO 2012, amending the Crime and Disorder Act 1998
Note: whilst these can be used for any offence, if it is indictable, the CPS have to sign off on it.

8. 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.

9. Types of Custodial Sentences [1]
Detention & Training Order
Who gets one?
Applies to those aged:
Lasts:
First Half
custody
Second Half
Supervised in the community
(may have an ISS attached)

10. Types of Custodial Sentences:
But that’s not good enough!
Powers of the Criminal Court (Sentencing) Act 2000
s.90
Detention at Her Majesty’s
Pleasure
 Applies only to murder
 Indefinite licence on release
 Minimum tariff of 12 years.
s.91
 Similar to ‘discretionary life
sentence’
 For any crime where an
adult would receive 14
years or more.
 Can include detention for
life
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.

11. A few familiar faces.
Using your knowledge of adult sentencing, can you explain what is meant by each of these youth sentences?
Fixed Term
Home detention
curfew

12. Let me out!
Parole
Length of Sentences Point at which they may
leave
What happens next?

13. Sentence type two:
Community
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.
Youth Rehabilitation Order
Criminal Justice and Immigration
Act 2008

14. 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!

15. 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 last for up to 6 months
I require a willingness to participate
I may not involve going anywhere, but I can still help
I can help you with an mental problems you are having
MENTAL TREATMENT ORDER
I last for up to 36 hours
I take place on a Saturday
I might involve doing some maths and English
I tend to be run by the police and aim to disrupt your free time to stop offending
ATTENDANCE CENTRE ORDER
I last for a grand total of 90 days
I might involve you meeting someone you’ve harmed
If you go somewhere, I only last for 7 days
I might make you focus on thinking skills, or binge drinking…
ACTIVITY REQUIREMENT
I last for up to 3 years
I will help to support you with all the other requirements
I will meet you regularly
I monitor you and may breach you if you break me
SUPERVISION REQUIREMENT
I might involve knife crime
I am a positive thing you can do
I might also involve anger management
I am helping you to reprogram yourself…
PROGRAMME REQUIREMENT
I last for up to 12 months
I might be between 2-16 hours long
I will tell you where to be
I might involve tracking you
CURFEW REQUIREMENT
I can’t be used on my own
I need someone to be responsible for me
I will make sure you are where you say you are
I am a wonder of modern technology!
ELECTRONIC MONITORING REQUIREMENT
I depend on how old you are.
I might be used to get you to a relative
I can only last 6 months
If you are older, you may be able to leave the family
RESIDENCE REQUIREMENT
I will use the police to make sure you stick to it
I am negative in my approach
I might stop you possessing guns
…or contacting particular people
PROHIBITED ACTIVITY REQUIREMENT
I only kick in if you are 16-17 years old
I might last as long as 240 hours
…or as short as 40 hours…
But I must finish within a year
UNPAID WORK REQUIREMENT
I can restrict you
I need electronic help to work
But I only last three months
And I can stop you hanging around
EXCLUSION REQUIREMENT
I can provide a nice house…
…but only with permission
Or if you’re 16/17
You can enter a hostel environment
RESIDENCE REQUIREMENT
I’m the trick to your treat
I will sample your rehabilitation
I will be used several times a month…
…but only if you’re willing
Drug Treatment REQUIREMENT
I can help you foster a new approach
I’m local in my attitude
But only for under eighteens
And I’ll keep you for only 6 months
LA Residence REQUIREMENT
I’ll teach you how to change.
I don’t need to school you on the basics
I might work fork for you better elsewhere or at home
EDUCATION REQUIREMENT

16. 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…

17. Intensive Supervision and Surveillance Order
Simple Task!
Complete the questions using the
information in your 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 the
requirement: the intensive supervision and
the surveillance. Give three examples of
each:
5.What do you think is the aim behind the
introduction of the ISS? Why?
Surveillance Supervision

18. Thirdly...
Other Punishments...
Referral Order
Reparation
Order
These are all known as first tier sentences
What do you think
this means?
Fines
Discharges
Absolute Conditional
How many of these can you already describe using
your knowledge from adult sentencing?

19. 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.

20. 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."