Skip to main navigation Skip to main content
Home

Donate

  • About us
    • Our people
    • Our Supporters
    • Introducing YJLC
    • Contact us
    • Our history
  • Advice line
    • Advice for children, young people, and their families
    • Advice for lawyers and other professionals
    • Recently asked questions
    • Terms and Conditions
  • Resources
    • Legal guides
    • Legal updates
    • A-Z legal terms for young people
    • Explainer videos
      • Explainer videos for young people
      • Explainer Videos for Professionals
  • Training and events
    • Past events' replay videos
    • Forthcoming events
      • Past Events
    • Youth Justice Summit
    • Youth Justice Training
      • Child First Custody Training and Research Pilot (ChiRP)
      • Training for Barristers
      • Training for Solicitors
      • Training for Youth Justice Services
      • Training for other Youth Justice Professionals
  • Membership
    • For law firms and chambers
    • For Youth Justice Services
    • For individuals
    • Member directory
    • Membership benefits
      • Priority access
      • Profile visibility
      • Reduced cost training
    • For Youth Justice Services
  • Member events
  • About us
  • Advice line
  • Resources
  • Training and events
  • Membership

Youth Sentences

Legal terms A-Z

Children are treated differently to adults when they are sentenced.

Children can be given special youth sentences:

  • Reparation Order
  • Referral Order
  • Youth Rehabilitation Order (YRO)
  • Youth Rehabilitation Order with Intensive Supervision and Surveillance (YRO with ISS)
  • Youth Rehabilitation Order with Intensive Fostering (YRO with IF)
  • Detention and Training Order (DTO) (12-17 year olds)
  • Section 91 – custodial sentences for children Children can also receive an absolute discharge, conditional discharge, fine and victim surcharge.

Purpose of youth sentencing

“If children are tried and convicted, they then have to be sentenced; but it will not be appropriate to sentence them in the same way as an adult, if their immaturity has the consequence that they were less culpable or that reformative measures are more likely to be effective.”(T and V. v United Kingdom (2000) 30 EHRR 121, Lord Reed 191)

When sentencing a child, the court considers the main aim of the youth justice system – the prevention of offending by children and young people.  It must also consider the welfare of the child, this includes removing a child from undesirable surroundings, and ensuring that proper provision is made for their education and training.  The best interests of the child should always be a primary consideration. 

The Overarching Principles – Sentencing Youths have been update, the new Overarching Principles came into force on 1 June 2017.

“[Any court]..sentencing a young offender must be aware of obligations under a range of international conventions which emphasise the importance of avoiding “criminalisation” of young people whilst ensuring that they are held responsible for their actions and, where possible, take part in repairing the damage that they have caused. … [T]he intention is to establish responsibility and, at the same time, to promote re‑integration rather than to impose retribution.” 

In determining the sentence, the key elements are:

  • the age of the offender (chronological and emotional);
  • the seriousness of the offence;
  • the likelihood of further offences being committed; and
  • the extent of harm likely to result from those further offences.

The approach to sentence will be individualistic. Proper regard should be had to the mental health and capability of the young person, and to any learning disability, learning difficulty, speech and language difficulty or other disorder, any of which is likely to affect the likelihood of those purposes being achieved.” 

The importance of age for sentencing

Children should receive lower sentences than adults, they should be considered less culpable than adults because they act impulsively and lack maturity so they are unlikely to understand the impact of their offending. 

A child who turns 18 during a criminal case can continue to have their case heard in a youth court and can receive youth sentences. 

If a child turns 18 after they plead guilty or are convicted, but before they are sentenced, they are entitled to receive youth sentences even though there can be practical issues in relation to supervision of Referral Orders and Youth Rehabilitation Orders by the Youth Offending Team. 

If a child turns 18 before they plead guilty or are convicted, they cannot receive youth sentences but the child’s age at the time of the offence must be taken into consideration.  Courts must follow any sentencing guideline unless it would be contrary to the interests of justice to do so. 

It can therefore be very important to avoid delay if a child is approaching their 18th birthday in a criminal case.

Subscribe to Youth Sentences
Back to top
Home
  • Follow us on Twitter

About our Advice

The materials on the YJLC website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. YJLC disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters.

  • About us
    • Our people
    • Our Supporters
    • Introducing YJLC
    • Contact us
    • Our history
  • Advice line
    • Advice for children, young people, and their families
    • Advice for lawyers and other professionals
    • Recently asked questions
    • Terms and Conditions
  • Resources
    • Legal guides
    • Legal updates
    • A-Z legal terms for young people
    • Explainer videos
  • Training and events
    • Past events' replay videos
    • Forthcoming events
    • Youth Justice Summit
    • Youth Justice Training
  • Membership
    • For law firms and chambers
    • For Youth Justice Services
    • For individuals
    • Member directory
    • Membership benefits
    • For Youth Justice Services
  • Member events
  • Terms & Conditions
  • Complaints and Compliments Procedure
  • Cookie Policy
  • Privacy Policy
  • Site By Effusion
  • © Youth Justice Legal Centre 2021