Essay Title: Describe the sentences available to a court when sentencing a young offender.

Written by Michael Harris (AS Law Student).

     Depending on the aim of the particular sentence, whether it is for rehabilitation, reparation or denunciation there are various options available to courts when sentencing young offenders. The powers of Criminal Courts (Sentencing) Act 2000 set out the possible sentences available to courts. However due to the fact that in this particular case the offender is a youth the option of a prison sentence is not allowed, as you have to be over the age of 21 to be sent to a prison. To compensate for this there are different types of Young offenders institutes which are available to those under the age of 21. 

It has been debated whether young offenders should have custodial sentences as it has been suggested many times that they need help not punishment. I will first look at custodial sentences. The main type of custodial sentence is in a Young Offenders institute for people aged 18 to 20. The minimum time to be served is 21 days and the maximum is the sentence carried for the offence committed. The Crime and Disorder Act 1998 created a new custodial sentence called a detention and training order. It is for those aged 12 to 21 but those under 15 must have to be persistent offenders to be made to go there. The Home Secretary also has the power to allow 10 and 11 year olds to carry it out if they are a threat to the public. This type of order carries a fixed sentence of either 4, 6, 8, 10, 12, 18 or 24 months. Powers of detention are also available for very serious crimes. For 10 to 13 year olds this is only available where the crime committed carries a minimum sentence of 14 years for adults or is an offence of indecent assault on women under Section 14 of the Sexual Offences Act 1956. For 14 to 17 year olds this power to detain youths for longer periods of time is available for causing death by dangerous driving or causing death by careless driving whilst under the influence of alcohol or drugs. The final type of custodial sentence is for detention at her Majestyís pleasure and this is ordered for any offender aged 10 to 17 who are convicted of murder. This involves a non-specified sentence with the judge only releasing the offenders when suitable. 

The powers of the Criminal Courts (Sentencing) Act 2000 also sets out 5 community sentences which can be used in sentencing offenders over the age of 16. The first of these is a 'Community Rehabilitation Order'.  This is a type of supervision order but instead of involving the local social services or a member of the Youth offending team offenders are placed under the supervision of a probation officer for between 6 months and 3 years. The offender must keep in regular contact with the probation officer and lead an ëhonest and industrious lifeí. The aim of this is to rehabilitate offenders to stop re-offending. The second type is a 'Community Punishment Order' and this requires offenders to work between 40 hours and 240 hours on a suitable project organised by the probation service. However it has proved unsuccessful in stopping re-offending and many people have said the hours are not enough as other countries impose longer hours and are much more successful. A mixture of these up to 100 hours work on the 'Community Punishment Order' and the 'Community Rehabilitation Order' and this is called the 'Community Punishment and Rehabilitation Order'. The idea of this is to strengthen community penalties and give courts more flexibility in the sentencing jurisdiction. An expensive form of community sentence is that of 'curfew orders'. This is an order, which can last up to six months and will involve the offender being made to stay inside between 2 and 12 hours every day. This is usually done by electronically tagging them but this is as I stated earlier quite expensive. The final type is 'Drug Treatment and Testing Orders' and this was made under Section 61 to 64 of the Crime and Disorder Act 1998, but a disadvantage is that it can only be imposed if the offenders agree to having it.

     Different types of sentences also include the use of fines where 14 to 17 year olds fines would be a maximum of £1000 and 10 to 13 year olds would be a maximum of £250 but in most cases parents would be made to pay this. 'Reparation Orders' may also be issued where the offender has to make reparation with the victims or the community as a whole. 'Attendance Centre Orders' are for those who are aged 10-21 and are organised by the probation service. This involves leisure activities and training. 'Action Plan Orders' are a mixture of a few different types of sentencing and the Government said this would be ëa short intensive programme of community intervention combining punishment, rehabilitation and reparation to change offending behaviour and prevent further crimeí. 

    As you can see the different types of sentencing is extensive and courts will also have the option of giving offenders warnings or discharges.

 This essay was produced as part of examination revision.

24th April 2003.