Young Offenders

INTRODUCTION

Young offenders are dealt with within the youth justice system. This system includes all Criminal Courts, but primarily the Youth Court. The principal aim is to prevent offending by children and young persons (between the ages of 10 and 18). In order to fulfil this aim there is a wide variety of sentences that can be passed and orders that can be made.

THE YOUTH COURT

Whenever the Police charges a young offender and the decision has been made to take him to Court, rather than making him the subject of a warning, reprimand or caution, his first appearance will be in the Youth Court. The Youth Court is presided over by Magistrates and bears many similarities to the adult Magistrates' Court. There are a number of distinctions however. For example, the public are not allowed access to the Court, the Defendant is referred to by his first name and he should sit with a parent or other appropriate adult. The proceedings are less formal than before the adult Magistrates' Court.

OTHER COURTS

Despite being less formal the Youth Court still has to determine the guilt or otherwise of Defendants. The majority of charges faced by young offenders are disposed of in this Court. However, if the Magistrates consider that the Defendant is charged with a grave offence, that is to say particularly serious offence, then they will commit him to stand his trial at the Crown Court. When a young offender appears before the Crown Court efforts have to be made to make this seem less daunting. For example Barristers may not wear their wigs and gowns and there should be frequent breaks in the proceedings.

SENTENCING YOUNG OFFENDERS

In a short introduction such as this it is impossible to cover all the powers available to the Youth Court and the Crown Court when dealing with young offenders. It is however possible to mention some of the sentences that can be passed and to see how they seek to fulfil the aim of preventing offending.

COMMUNITY BASED SENTENCES

The majority of sentences passed on young offenders are community-based sentences; the Courts are always reluctant to pass custodial sentences on young people. Two forms of sentence regularly passed on young offenders are attendance centre orders and supervision orders. A Defendant made the subject of an attendance centre order will be required to spend between 12 and 36 hours, usually on Saturdays at a centre. He will be required to carry out specified activities under careful supervision. A supervision order is considerably wider reaching as it will be in place for a period of months or even years. Under the terms of a supervision order special requirements can be made as to the education and even the mental treatment of the Defendant. A recent development is the action place order. This is also a community penalty and broadly corresponds to the attendance centre and supervision orders. The Defendant is expected to comply for three months with a series of detailed requirements. These orders are made specifically when the Court considers it desirable in the interests of securing his rehabilitation or preventing the commission of further offences.

EDUCATION

Education is a recurring theme in the sentencing of young offenders, both in terms of encouraging them not to offend again and also to appreciate the effect that their actions have had. Two provisions peculiar to the youth justice system demonstrate this. These are referrals to Youth Offender Panels and reparation orders. (The referral to Youth Offender Panels provisions is not in force at the present time, although their enactment is imminent).

YOUTH OFFENDER PANELS

A first time offender who pleads guilty may be referred to a Youth Offender Panel. He will be required to work with the Panel under their guidance entering into a programme of behaviour the aim of which is the prevention of re-offending. The terms of the programme may include provision for specified matters such as attendance at school and the avoidance of particular places. After a number of meetings the Panel will decide whether sufficient progress has been made by the offender to prevent his being referred back to the Court.

REPARATION ORDERS

A reparation order is simply an order requiring the Defendant in some way to make amends for his actions. It is not a compensation order but rather a requirement of him to take positive action usually undertaking work for the benefit of a person who has been the victim of his offending.

COMMUNITY SERVICE ORDERS

Young offenders over the age of 16 can be made the subject of community service orders and probation orders. These orders are the same in principle as those passed by the adult Courts.

PARENTS AND GUARDIANS

With the broad aim of the prevention of offending the Youth Court also have powers in respect of the parents and guardians of Defendants. Parents and guardians themselves can be fined or ordered to pay compensation. They may also be bound over by the Court being required to take proper care and control of their children. In more serious cases the Court can make parenting orders requiring greater supervision for parents.

CUSTODIAL SENTENCES

Some offences are so serious that custodial sentences have to be passed. Young offenders over the age of 15 are held in young offenders institutions. Recently provision has been made for detention and training orders, these can be passed on all young offenders including those who are under 15 if they are persistent offenders, and those under 12 if they are persistent offenders and it is necessary to protect the public from their actions. These latter orders can be for up to two years.

CONCLUSION

The adult justice system concerns itself primarily with the punishment of wrongdoing. The aim of the youth justice system is preventative, whilst also seeking to punish the young offender.