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POWERS OF COURTS LECTURE – YOUNG OFFENDERS
|Type of Sentence||Must the offence be imprisonable||Age||Minimum||Maximum||Other Requirements/Comments|
|Absolute Discharge||No||10-17||–||–||Suitable where the Court does not want to punish the defendant and furthermore feels that the defendant is morally blameless.|
|Referral Order||No||10-17||3 months||12 months||Available from April 2002. Refers to 1st time offenders pleading guilty. Refer to the Youth Offender Panel where contract drawn up to prevent re-offending.|
|Conditional Discharge||No||10-17||None||3 years||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||No||10-13||None||£250||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||No||10-17||None||24 hours over 3 months||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||No||10-17||3 months||3 months||Short intensive individually tailored response to offending behaviour, addressing causes of offending and offending itself.Can include specified activities.|
|Attendance Centre Order||Yes||10-13||12 hours||12 hours||Centre must be reasonably accessible; Can be reduced if 12 hours excessive. Can be increased to 24 hours only if 12 are inadequate.|
|–||–||15-17||12 hours||24 hours||–|
|–||–||16-17||12 hours||36 hours||–|
|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||No||16-17||6 months||3 years||Defendant will be supervised by probation officer.Purpose is to rehabilitate, protect the public and prevent further offences.|
|Community Punishment Order||Yes||16-17||40 hours||240 hours||Defendant will be allocated tasks of benefit to the community.|
|Community Punishment &Rehabilitation Order: Rehabilitation element: Punishment element:||Yes||16-17||1 year 40 hours||3 years 100 hours||Reserved for the most serious offences within the community.|
|*||No||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||No||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||Yes||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||Yes||10-17||–||–||See below for details.|
* Consent required
NB. Power to make Compensation Order as a stand-alone sentence.
These orders may be made in addition to the above disposals:
|Parenting Order||No||10-15 must
|–||12 months||Prevent offending by providing help, support, encouragement and direction to parents in taking responsibility provide proper care/control to their children. 2 elements: (1)guidance/counselling 3 months max, 1 x per week; (2) requirements regarding exercising control over child’s behaviour up to 12 months. Age 10-15 reasons if no Order made.|
|Parental Bind Over||No||10-15 must
3 years or 18th
|An Order binding over the parent(s) where court satisfied in circumstances of the case that to do so would prevent re-offending. Age 10-15 reasons if no Order made.|
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