3. When should a child be responsible for their crime?
Look at the scenarios below. Which do you think should be criminally liable and why?
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 10 is
being bullied by V.
He hits him
repeatedly, killing
him.
D, who is 12, is playing with his friends in a
barn when it catches on fire. They run away.
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.
4. 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 (this is your
homework for this week)
What do you think the biggest
issues when treating youth
offenders are, and do we tackle
them effectively in the current
system?
6. 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
7. 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?
Going for the top?
Look at the aims under the Crime and Immigration Act 2008
8. 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
9. Pre-Court Options:
These have recently changed under LASPO 2012, amending the Crime and Disorder Act 1998
Youth
Caution
Youth
conditional
Caution
Given by Police Officer for any offence
1st 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
Note: whilst these can be used for any offence, if it is indictable, the CPS have to sign off on it.
Anti-Social Behaviour
Methods
Acceptable
Behaviour
Contract
ASBO
Individual
Support
Order
10. 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.
11. Types of Custodial Sentences [1]
Detention & Training Order
Applies to those aged:
Lasts:
First Half
custody
Second Half
Supervised in the community
(may have an ISS attached)
Who gets one?
12. 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…
13. Types of Custodial Sentences:
But that’s not good enough!
Powers of the Criminal Court (Sentencing) Act 2000
s.90
s.91
Applies only to murder
Indefinite licence on release
Minimum tariff of 12 years.
Similar to ‘discretionary life
sentence’
For any crime where an
adult would receive 14
years or more.
Can include detention for
life
Detention at Her Majesty’s
Pleasure
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.
14. A few familiar faces.
Using your knowledge of adult sentencing, can you explain what is meant by each of these youth sentences?
Home detention
curfew
Fixed Term
16. 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.
17. The sentence and the reasons...
A Case Study on the Edlington Attacks
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."
18. 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…
19. Sentence type two:
Community
Order
Youth Rehabilitation 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.
Criminal Justice and Immigration
Act 2008
20. 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!
21. Intensive Supervision and Surveillance
Order
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:
Surveillance
Supervision
5. What do you think is the aim behind the
introduction of the ISS? Why?
Simple Task!
Complete the questions using the
information in your pack.
22. Thirdly...
Other Punishments...
These are all known as first tier sentences
What do you think
this means?
Discharges
Reparation
Order
Referral Order
Absolute
Conditional
Fines
How many of these can you already describe using
your knowledge from adult sentencing?
23. 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?
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UNPAID WORKREQUIREMENT
PROGRAMMEREQUIREMENT
ATTENDANCEREQUIREMENT
MENTAL TREATMENT ORDER
EXCLUSION REQUIREMENT
CURFEW REQUIREMENT
RESIDENCE REQUIREMENT
EDUCATION
LA Treatment REQUIREMENT
ELECTRONIC MONITORING REQUIREMENT
PROHIBITED ACTIVITY REQUIREMENT
SUPERVISION REQUIREMENT
ACTIVITY REQUIREMENT
Drug ResidenceCENTRE ORDER
24. You be the (district) judge!
Stacey, aged 11, has been convicted of two
counts of theft and one of criminal damage.
She has three previous convictions for criminal
damage, all of which occurred after drinking
large amounts of alcohol. She currently lives
with her parents, who are both alcoholics.
Using everything you have learnt
about youth sentencing so far, and
about the things which judges take
into account in sentencing an
offender, you are going to…
sentence the perp!
Louise, age 15, has been convicted of assault
after she hit her sister, causing her to break
her nose. Louise has been depressed and is no
longer attending school. She has previously been
on medication to help with the depression, but
has stopped taking it. She has no previous
convictions
Joe, aged 12, has been convicted of robbery
after he stole £200 from his school mufti fund.
He has an ASBO for anti-social behaviour
towards others in his neighbourhood, and was
convicted along with two other friends.
25. Peer Assessment
Now you have
another response…
to another question!
You are going to
apply your
understanding of
both the law and the
exam demands to
mark the response.
A point:
Louisa has no previous
convictions which would work
in her favour
A developed point:
Stacey’s previous convictions
would not work in her favour
because she is a greater risk of
reoffending, and so is likely to
make her sentence worse.
A well developed
point:
Joe has been charged with a
serious offence which would
increase the likelihood of a
custodial sentence because of
sentencing guidelines and it is
from his school. However, the
amount that he has stolen is
quite small, and so would
probably work to reduce his
sentence.
Now, using your understanding mark
and comment on:
An
a
bsolutely fabulous
thing….
B
etter if you…
How
c
onfident should they
be with their response?
