2. Learning Objectives
To be able to compare custodial and
community sentences for young
offenders
To be able to describe who might
attend a Youth court
To be able to discuss an attendance
centre order and where it might be
appropriate
3.
4.
5.
6.
7. Custodial sentences overview
Custodial sentences
◦ Detention and training order
◦ Detention under sections 90 and 91
Powers of Criminal Courts
(sentencing) Act 2000
Sentence less than 4 years
Sentence more than 4 years
8. Detention and training order
What is a Detention and Training Order?
A Detention and Training Order is a Custodial Sentence imposed by the Court for
persistent or serious offending.
It can last between four and twenty four months.
You will serve half of your sentence in Custody and half in the Community under
supervision by your Youth Offending Team worker.
What does it mean?
It means that the Court has viewed your offending as serious/persistent and only a
Custodial Sentence is appropriate at this stage.
You will also be required to undertake some form of unpaid work to the community in the
form of reparation for your offending. This will be organised for you by the Youth Offending
Team Reparation Co-ordinator and will be supervised.
A detailed plan of what will be done during your Order will be agreed by your Youth
Offending Team worker and the Custodial Unit. This is called a Training and Supervision
Plan. The Plan will be reviewed on a monthly basis.
There will be a Pre-Release meeting within 10 days of your release when a contract will be
drawn up, outlining the expectations upon you in the community. This is called a Licence
and you need to abide by the conditions outlined within it or you will be returned to Court
and may be retuned to the Establishment to serve more time.
9. Detention under sections 90 and 91
Powers of Criminal Courts
(sentencing) Act 2000
Applies when an offender is convicted of an offence where an
adult could receive at least 14 years in custody
Must be passed in crown court
Murder falls under s90 and other crimes covered by s91
Section 90/ 91
This sentence is given for the most serious offences, such as
murder or rape.
The entire sentence is spent in custody.
The release date for Section 90 offences is determined by the
Home Secretary, the release date for Section 91 is set
automatically.
Read Bulger Case
10. Sentence less than 4 years
Released at half
way point
Under supervision
until ¾ of sentence
completed
Maybe released
earlier and tagged
11. Sentence more than 4 years
Attend a parole
hearing
Successful leave
custody at half way
point
Unsuccessful leave
at 2/3 point
Kept under
supervision until ¾
has passed
12. Community sentences
overview
Community sentences
◦ Reparation order
◦ Referral order
◦ Attendance centre order
◦ Supervision order
◦ Community rehabilitation order
◦ Community punishment order
13. Reparation order
What is a Reparation Order?
A Reparation Order is a Court Order
which is made to help you to avoid
any further offending. It helps you to
understand the effects your crime
had on the victim and provides you
with a chance to make amends
either directly to your victim or to the
community. The Order lasts for three
months and has detailed
requirements, which may include:
Group sessions about the effect of
crime on victims and the community
Writing a letter of apology
Face to Face meeting with the victim
to give a personal apology
Practical work for the victim or the
community.
14. Referral order
What is a Referral Order?
A Referral Order is a Court Order, which is made to help you to
avoid any further offending. The Order can last for between 3 and 12
months, the length will be decided by the Court depending on the
seriousness of the offence(s) you may have committed. This Order
is supervised by a Youth Offending Team worker who is there to
advise, assist and encourage you, and will help to prevent you re-
offending.
You will be referred to the Youth Offender Panel who will negotiate a
Contract (agreement)with you about what you need to do during that
time. Their purpose is to:
Hear how the victim of your offence(s) feels about it and help you to
put right some of the harm done
Help you not to offend again
Help your family and friends support you in making sure you don't
re-offend
Panel can include YOT, two community volunteers, victim, parents
and offender.
15. Attendance centre order
Young offender required to go to an
attendance centre for a certain
number of hours
Run by police
Include activities
◦ Discipline
◦ Physical training
◦ Social skills
See 12 year old with knife case
16. Supervision order
What is a Supervision Order?
A Supervision Order is a Court Order, which is made to help you to avoid any
further offending. It can last up to three years. This Order is supervised by a Youth
Offending Team worker who is there to advise, assist and encourage you, and will
help to prevent you re-offending.
What does it mean?
It means you will be given:
Help in keeping out of any further trouble with the Police
Advice in areas in which you may be having problems, e.g. at home, school or
work, with other people or with drugs
Support from your Youth Offending Team worker who is there to see you regularly
and listen to what you have to say
You will also be required to undertake some form of unpaid work to the community
in the form of reparation for your offending. This will be organised for you by the
Youth Offending Team Reparation Co-ordinator and will be supervised.
A detailed plan for what is going to be done during your Order will be agreed with
you and your parents/carers within the first week. This is called a Supervision
Plan. The Plan will be reviewed every three months.
10 – 16 years old, close supervision by social services or probation service.
May include a range of conditions inc curfews or residence requirements
17. Community Rehabilitation
order
What is a Community Rehabilitation Order?
A Community Rehabilitation Order was previously a Probation Order
and it is a Court Order, which is made to help you to avoid further
offending. It can last up to three years. This Order is supervised by a
Youth Offending Team worker who is there to advise, assist and
encourage you, and to help to prevent you re-offending.
What does it mean?
It means that you will be given:
Help in keeping out of further trouble with the Police
Advice in areas in which you may be having problems, e.g. at home,
school/college or work, or with other people or with drugs
Support from your Youth Offending Team worker who is there to see
you regularly and listen to what you have to say
A detailed plan for what is going to be done during your Order will be
agreed with you and your parents/carers within the first week. This is
called a Supervision Plan. The Plan will be reviewed every three
months.
16-17 year olds equivalent of supervision order
18. Community Punishment and
Rehabilitation Order
What is a Community Punishment and Rehabilitation Order?
A Community Punishment and Rehabilitation Order [CPRO] or quot;Combination
Orderquot; is a Court Order, which is made to help you to avoid further offending. It is
made up of an element of supervision [Community Rehabilitation] and a
Community Service [Community Punishment] element. It can last up to three
years and you will be expected to undertake unpaid work for a specified length of
time, which can be between 40 and 100 hours.
The Order is supervised by a Youth Offending Team worker and a Community
Service Officer who are there to advise, assist and encourage you, and to help to
prevent you re-offending.
What does it mean?
It means that you will be given:
Help in keeping out of further trouble
Advice in areas in which you may be having problems, e.g. at
home, school/college or work, or with other people or with drugs
Support from your Youth Offending Team worker who is there to see you regularly
and listen to what you have to say.
A detailed plan for what is going to be done during your Order will be agreed with
you and your parents / carers during the first week. This is called a Supervision
Plan. The Plan will be reviewed every three months.