POWERS OF COURTS - YOUNG OFFENDERS

Suitable where the Court does not want to punish the defendant and furthermore feels that the defendant is morally blameless.

Referral Order

Available from April 2002. Refers to 1^st time offenders pleading guilty. Refer to the Youth Offender Panel where contract drawn up to prevent re-offending.

Conditional Discharge

Appropriate where inexpedient to punish. But may not be made where offender has received a Final Warning within previous 2 years.

If defendant commits offence during currency of order then liable to sentence for subsequent AND original offence.

Fine

Seriousness of offence(s) is reflected in the amount of the fine imposed.  The financial circumstances of the offender/parent must be taken into account.

Reparation Order

To take into account feelings and wishes of victims of crime, confront offenders with consequences of their criminal behaviour and allowing them to make amends

Action Plan Order

Short intensive individually tailored response to offending behaviour, addressing causes of offending and offending itself.  Can include specified activities.

Attendance Centre Order

Centre must be reasonably accessible;

Can be reduced if 12 hours excessive.

Can be increased to 24 hours only if 12 are inadequate.

Supervision Order

To encourage and assist offenders towards a responsible and law-abiding life, secure rehabilitation, protect public from harm.  Prevent further offences. Requirements can be included.

Community Rehabilitation Order

Defendant will be supervised by probation officer.  Purpose is to rehabilitate, protect the public and prevent further offences.

Community Punishment Order

Defendant will be allocated tasks of benefit to the community.

Community Punishment & Rehabilitation Order:

Rehabilitation       element:

Punishment element:

16-17

1 year

40 hours

3 years

100 hours

This Order combines rehabilitation with punishment in the community.

Reserved for the most serious offences within the community.

Drug Treatment and Testing Order *

16-17

6 months

3 years

Defendant must be dependent on or have propensity to misuse drugs, which requires, and may be susceptible to, treatment.  Will be treatment and testing requirements and periodic reviews by court.

Curfew Order

10-17

Up to 6 months in length

(3 months if under 16)

2-12 hours per day

Court must obtain and consider information about proposed curfew address including the attitude of others affected by the Order.  Order must take account of religious beliefs: for example the Jewish Sabbath runs from Friday sunset to Saturday sunset and special consideration may be appropriate, employment, education and requirement of other Community Orders.

Detention and Training Order

12-17

4 months

24 months

NB. 4,6,8,10,12,18,24 months

Where offence(s) are so serious a period of custody is required.  A period of detention and training followed by a period of supervision.  If offender is under 15 years at the date of conviction must be a “persistent offender”.

Custody

10-17

See below for details.