Tag: Turning 18

The defendants, BN and HS were aged 19 at the time of the incident for which they were later convicted of murder. BN was sentenced to life imprisonment with a minimum term of 20 years. HS was sentenced to life imprisonment with a minimum term of 16 years. The Attorney General appealed the sentences as being unduly lenient. The Court of Appeal upheld BN’s sentence but increased HS’s sentence to life imprisonment with a minimum term of 19 years. This case reiterates the well-established principle that attaining the age of 18 does not represent a cliff edge between being sentenced as a youth and being sentenced as an adult.

The Court of Appeal reiterated the importance of ensuring that a defendant’s age is given proper weight and consideration during the sentencing process. The COA considered the decisions in R v Clarke (2018) EWCA Crim 185 and R v Peters (2005) EWCA Crim 506.s The case is a reminder that age and consequent lack of maturity must be actively brought to the attention of the sentencing court, particularly in cases concerning young adult offenders.

This article in the Criminal Law Review describes the growing legal consensus that young adults are a distinct group who require a distinct approach to sentencing, as shown by the emerging caselaw and guidance from the Sentencing Council.

The Youth Justice Legal Centre have published a legal guide on turning 18 in the criminal justice system as well as a briefing on the same issue. 

This briefing analyses the inequities that arise for children who turn 18 between offence and prosecution and makes proposals for policy and practice reform.

This guide will help practitioners navigate the different rules, regimes and principles that apply to those who are turning 18 in the criminal justice system.

The Court of Appeal reduced a 21 year old’s sentence for county lines drug offences and offences under the Modern Slavery Act 2015 on the grounds of his youth and lack of similar convictions.

The Court of Appeal considered the relevance of age and the long delay between the commission of the offences and sentencing.

The Court of Appeal refused to grant leave for the Solicitor General to make a reference on the grounds that the sentence awarded was too lenient, given the adult defendant’s youth, vulnerability and immaturity.

The Court of Appeal reduced the sentence of an 18 year old on the basis that not enough weight had been given to the features of the his youth, his immaturity and his lack of appreciation of the seriousness of his offending and the harm it caused.

The Howard League for Penal Reform have published a report which concludes that formal sentencing principles for 18 - 25 year olds, similar to the Sentencing Council guidelines that are in place for children, would assist the courts and improve sentencing outcomes.

This report by the Howard League and Transition to Adulthood recommends that The Sentencing Council should work towards developing formal sentencing principles for young adults, similar to the principles that are in place for children.