Young offenders
Friday 1 May 2009
What is a young offender and what are the different sentences given to them by the Youth Justice System?
What is a young offender?
A young offender is someone under 17 years old who has committed an offence.
10 years old is the legal age of ‘criminal responsibility,’ so anyone under the age of 10 cannot be held responsible for their crime.
However, anyone aged between 10 and 14 years old is presumed to know the difference between right and wrong, so they can be convicted of a criminal offence if it can be proven.
Teenagers between 14 and 17 years old are fully responsible for the crimes they commit, but they are sentenced differently compared to adults.
Youth Justice System
Young offenders are assessed by the Youth Justice System (YJS). Find out more info on how the youth system works.
YJS also aims to prevent young people from getting into trouble in the first place. It works with youth offending teams (YOTs) that are made up of police and social service representatives, to provide programmes for young people who are at risk of committing crime.
Watch what happened when Headliners went to a conference on changes to the youth system.
Prevention
There are a number of risk factors which may make a young person more likely to become involved in committing crime or anti-social behaviour. These include a lack of education, poor family relationships, having family members or peers who have offended, and misuse of substances. The YJS aim to tackle these problems - find out more about how.
Sentences
Pre-court
Young people who get into trouble for the first time, whether by committing a minor offence or behaving anti-socially, will normally not have to go to court. Police or local authorities will give them a warning or will refer them to a YOT. This is to stop young people getting sucked into the youth justice system too early, while still offering them the help and support they need to stop offending.
If they get into trouble again they will be given a final warning and will go through an assessment to get to the bottom of any problems that may be affecting their behaviour. They’ll also take part in a programme of activities that tackle the problem.
Read more about reprimands and warning.
Anti-social behaviour measures
There are also a number of anti-social behaviour measures for young people. Some offenders will be asked to sign a voluntary written agreement called an Acceptable Behaviour Contract (ABC) by police or local authorities. The contract puts certain restrictions in place, including what the offender can do and who they can hang out with.
If the contract is broken, an Anti-Social Behaviour Order (ASBO) will be issued. An ASBO stops someone from going to particular places or spending time with certain people.
However, many people doubt that ASBOs actually work. Some youth groups even think that having an ASBO is a ‘badge of honour’ which only encourages them to commit a crime again. Get more info.
Do you think ASBOs work? Take part in this TrueTube debate.
Individual support orders (ISOs)
ISOs are court orders which can be given to 10-17 year olds who have already had an ASBO. Young people with ISOs will attend up to two sessions a week for up to six months with a YOT to find out what the cause of their behaviour is.
Community sentences
There are a wide range of community sentences which can be given to young people, Community sentences focus on rehabilitation and are flexible - each sentence is designed to address the particular offender and the causes of their behaviour.
These sentences are all about repairing the damage caused by the crime. Other sentences include unpaid community work, sessions that help improve their skills and a fine. If the young offender is under 16 years old, their parents will be responsible for paying it off.
Curfew
Police or local authorities can ban offenders from being at a certain place at a certain time unless they are with an adult.
Read more about Young Offenders sentencing options.
Courts
Youth courts
Youth courts deal with most young offender cases. They are responsible for sentencing them to detention and training orders. In serious cases, offenders can be sentenced to custody which requires them to stay in secure training centres or young offenders’ institutions.
Crown Court
If the young offender has committed an ‘indictable offence’ such as robbery, assault or knife crime, they may have to appear in a Crown Court. Find out more about weapons.
Custody
Secure Estate for Children and Young People
When no alternative is appropriate, due to the seriousness of the offence, the history of the offender or the risk to the public, young people who offend will be sentenced to custody.
There are three types of secure accommodation in which a young person can be placed:-
- a secure training centres
- a secure children’s homes
- a young offenders’ institution
All young people are assessed when they enter the youth justice system, and the results determine where a young person is placed.
Find out more about the custody options available for young people and the different institutions.
Help is available for family and close friends of young people who have given a custodial sentence. Their aim is to provide help, support and advice to family and close friends.
