• Child safety orders
• Referral orders
• Parenting orders
• Reparation orders
• Action plan orders
• Supervision orders
• Custodial sentences
• Community Rehabilitation Orders

Child Safety Orders

Purpose: To help children who are at risk of becoming involved in crime through peer pressure, lack of supervision, truanting etc:

Child Safety Orders may be imposed;

• when the child has committed an act which would have constituted an offence if the child was ten years or over.
• to prevent anti-social behaviour or offending.
• because the child has contravened a ban imposed under a local child curfew notice.

Available In:

• Family Proceedings Court.
• Crown Court
• not in Youth Court.

Age Limit: Minimum: none - Maximum: 9 years.

Time Limit: Minimum: none - Maximum: 3 months.

In exceptional cases Maximum: 12 months.

General requirements.

An application for an order should be made to the court by the local authority with social services.

Specified requirements.

Whatever the court considers desirable in the interest of providing appropriate care, protection,support, and proper control for the child that will help prevent any repetition of the behaviours which led to the order being made.

Supervision.

By a social worker or member of a Youth Offending Team acting as responsible officer.

Appeal

To the High Court, by parent or guardian. Heard by a single judge of the Family Division.

Discharge and Variation

Application for discharge or variation may be made by parents, guardians, or a responsible officer only to the court which made the order.

Breaches, Procedures and Penalties

Proceedings for breach of Child Safety Orders must be brought by the responsible officer to the same or to another magistrate's court sitting as a family proceedings court. Options include:

• discharge the order and replace with a Care Order under S31 (1)(a) of the Children Act 1989.
• vary the order making new requirements.

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Referral of Young Offenders

• Powers of Criminal Courts Act 2000 sections 16 - 32.

Referral Orders are compulsory for all first offenders following a Guilty Plea unless -

• The court makes an absolute discharge.
• The offender receives a custodial sentence or a hospital order.

Discretionary Referral

• The court may make an order where the defendant has pleaded guilty to some offences and been convicted following a trial of other offences.

Terms of the Order

• Specify the Youth Offending Team responsible for implementation.
• Require the offender to attend each meeting of the panel established to deal with him.
• Set the length of the period of compliance -3 to 12 months.

Attendance of parents etc

• Order may require parent or guardian(s) to attend panel meetings.
• Parent/guardian must be required to attend if the defendant is under 16.
• Order must not be 'unreasonable'.

Youth Offender Panel

Panel must include

• a Youth Offending Team member, and.
• two people who are not Youth Offending Team members.

The First Meeting

• Panel and offender draw up agreed programme of behaviour.
• Written record produced and signed by panel member and offender.
• Compliance period runs from date of agreement.

Further Meetings of the Panel

Progress meetings to review compliance and to consider any variations needed.

Final meeting to consider extent of compliance by the offender and whether contract has been satisfactorily completed.

Reference Back to Court

• Where no agreement at first meeting, and none likely.
• Where offender unreasonably refuses to sign agreement.
• Where offender requests return to court because of change in circumstances.
• Where offender breaches agreement.
• Where final meeting decides offender has not complied with agreement.

Powers of the Youth Court when an offender is referred back

Consider decision of the Panel and either:

• Uphold it,revoke the order and consider re-sentencing, or
• Decide to leave the referral order in place.

Further Offences by the Offender

• If offence was committed before the Referral Order was made - Court may extend compliance period. (if less than 12 months)
• If offence was committed after the Referral Order was made, the Court may extend the compliance period - but only if exceptional circumstances apply and the Panel support the extension.
• In either case, the Court may re-sentence instead - thereby revoking the Referral Order.

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Parenting Orders

Purpose: To help parents to provide appropriate care, protection, support and control for their children who have offended or are at risk of offending.

Parenting orders may be imposed:

• When a court makes a child safety order.
• Where a court makes an anti-social behaviour order or sex offender order.
• Where a person has been convicted under sections 443 and 444 of the Education Act 1996.

Available in:

• Youth court.
• Family proceedings court.
• Crown court.

Age Limit: minimum: none.

Time Limit: minimum: none - maximum: 12 months.

General requirements.

The court must be satisfied that a parenting order would be desirable in the interest of preventing offending. In the case of a young person under 16 years convicted of an offence, the court shall make a parenting order if satisfied with this condition. If it is not satisfied its reasons should be stated in open court.

Supervision.

By probation officer, social worker or member of the Youth Offending Team acting as responsible officer.

Specified requirements.

Whatever the court considers desirable to prevent anti-social conduct or offending by the child. For example, a requirement to ensure the child is at home by a certain time at night. Parents will also be required to attend counselling and guidance sessions for no more than 3 months.

Appeal

To the High Court if the order is made in a Family Proceedings Court. To the Crown Court if the order is made in the Youth Court.

Discharge & variation

Application for discharge or variation may be made by parent(s) or responsible officer only to the court which made the order.

Breaches, procedures and penalties.

Responsible officer reports breach to the police. Police investigate and report to Crown Prosecution Service. CPS decides on prosecution proceedings.

Penalties for breach.

Fine not exceeding level 3 currently £1000 on the standard scale.

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Reparation Orders

Purpose: A sentence intended to show children and young people convicted of an offence the harm that they have done to their community. It it intended to help him/her realise the distress and inconvenience that his or her actions will have caused, to accept responsibility for the acts and to make reparation to the victim/s of the offence, any other person affected by it or to the community.

Reparation Orders:

• It is also intended to give victims a greater insight into the reasons for offending
• must be commensurate with the seriousness of the offence(s)
• may not make reparation to any victim without their consent
• order cannot be combined with custodial sentences or with community sentences specified in section 67
• Reparation can be imposed for any offence. Reparation order is not a community order under the Criminal Justice Act 1991

Available In:

• Youth Court
• Crown Court
• Not in Family proceedings

Age Limit: Minimum: 10 years - Maximum: 17 years

Time Limit: Minimum: none - Maximum: 24 hours

Special Requirements

The court requires a report by a probation officer, social worker or YOT member under Section 68 (1). Whatever the court considers necessary to make amends to the victim, any other person or the community, such as repairing damaged property, weeding gardens, cleaning graffiti or other community services. Under Section 67 (11) the court should give reasons if it does not make an order where it has the power to do so.

Restrictions

A court must not make a reparation order in the following circumstances:

• a reparation order must not be combined with a custodial sentence
• a reparation order must not be combined with:
• a community punishment order
• a combination order
• a supervision order with requirements
• an action plan order

Note: A reparation order can be combined with a compensation order, i.e. both financial and physical reparation may be made to a victim.

Supervision

By a probation officer, social worker or member of a YOT acting as responsible officer.

Variation and discharge

Application for discharging or variation of the order may be made by the responsible officer or the offender to the youth court named in the order.

Breaches, procedures and penalties

Responsible officer instigates breach proceedings. No more than two warnings of non compliance before commencing breach proceedings.

Note: Breach proceedings may be taken without prior warning if misdemeanor warrants it.

• Breach of reparation order - penalties can include:
• Fine not exceeding £1000
• Attendance centre order
• Curfew order
• Re-sentence the offender in any way appropriate to the court.

Appeal

To the crown court for orders made in youth court.

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Action Plan Orders

Purpose: A community penalty which provides the opportunity for a short but intensive programme of work with young offenders to tackle the causes of offending at an early stage.

An Action Plan Order May Be Made When:

• the court considers that the order will prevent re-offending and rehabilitate the young person.
• a custodial sentence is not being considered and other community sentences have been ruled out.

Please note: An action plan order is a 'community order' under the Criminal Justice Act. 1991 - having to meet the threshold for such orders.

Available In:

• Youth Court
• Crown Court

Age Limit: Minimum 10 years - Maximum 17 years

Time Limit: Minimum 3 months - Maximum 3 months

Specified Requirements

Before making an action plan order the court has to consider a written report by a probation officer, social worker or YOT member under section 70(1). Requirements will be individually tailored to address specific causes of offending, and may include a requirement for the offender to make reparation to the victim or the wider community.

Restrictions

A court must not make an action plan order in the following circumstances:

• the young person is already subject to an action plan order
• action plan order must not be combined with a custodial sentence
• action plan order cannot be combined with:
• probation order
• community punishment order
• combination order
• supervision order
• attendance centre order.

Note: An action plan order can be combined with a fine or compensation order.

Supervision

By a probation officer, social worker or a YOT member acting as a responsible officer.

Variation, Discharge and Breach of Order

These are the same as the provisions for Reparation orders.

Special Feature

Immediately after making an action plan order a court may set a date for a further hearing within 21 days of making the order. The responsible officer will be directed to report on the extent to which the order has been implemented and it's effectiveness.

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Supervision orders

Sections 11-19 Children and Young Persons Act 1969.

Sections 71 and 72 Crime and Disorder Act 1998.

Purpose: Amend and strengthen the provision for supervision orders that already exist under the Children and Young Persons Act 1969.

Section 71

• enables conditions requiring reparation to the victim(s) of the offence or to the community at large to be attached as part of the order (works as reparation order).
• simplifies the conditions which must be satisfied before the courts can impose a requirement to live in local authority accommodation as part of a supervision order.

The conditions are now:

• that the juvenile has previously been the subject of a supervision order which imposed a requirement (other than a requirement for mental treatment - section12B of the 1969 Act)
• that the juvenile failed to comply with that requirement or is found guilty of an offence committed while the order was in force
• the court is satisfied that the failure to comply with that requirement or the offending behaviour were due to a significant extent to the young person's living arrangements and that the residence requirement would assist rehabilitation.

Supervision

By a probation officer, social worker or a Youth Offending Team member acting as a responsible officer

Breaches of requirement of supervision orders.

Section 72

Provides a number of options for dealing with any breach of any supervision order or requirement (except requirements for mental treatment - section 12B of the 1969 Act). The court may:

• vary the the supervision order under subsection (1) of section 15 of the 1969 Act
• impose a fine of up to £1,000, a curfew order (under section 12 of the Criminal Justice Act 1982) either in addition to or instead of varying the supervision order
• discharge the supervision order and re-sentence for the original offence or
• where the original order is made by a Crown Court, the youth court may commit the offender to the Crown Court.

Additionally, section 72 creates powers for magistrates' courts to remit breaches of Crown Court imposed supervision orders to the Crown Court. When doing so, the magistrates' court must provide written details of the breach (and any other relevant information) to the Crown Court. The Crown Court can re-sentence for the original offence and, if it does so, must discharge the supervision order (if it is still in force).

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Custodial sentences

• Detention and training order;
• provisions for remand and detention

Detention and Training Order

Section 73

Purpose: The detention and training order (DTO) provides for a single custodial sentence for 10-17 year olds to replace two existing sentences:

1. Secure Training Order
2. Detention in a Young Offender Institution for 15-17 year olds.

The DTO will provide a clear focus on preventing offending with the aim of ensuring that custodial sentences are more effective in preventing further crime.

Available In:

• Youth Court
• Crown Court

Time Limit: Minimum: 4 months - Maximum: 24 months

Note: Sentence duration is fixed, i.e. 4, 6, 8 ,12, 18, and 24 months

Age limit

15-17 year olds, for any imprisonable offence so serious that only custody can be justified or, in the case of a violent or sexual offence, only custody is adequate to protect the public from serious harm from the offender.

12-14 year old offenders, persistent offenders, where custody can be justified under the Criminal Justice Act 1991.

Early and late release

There are arrangements for early and late release but early release is nota right and late releases must be sought through the Youth Court.

For orders of 8, 10 and 12 months, 1 month early release is possible. For orders of 18 and 24 months, 1 or 2 months early release is possible.

Special features

Half of the sentence will be served in custody and half in the community. It is expected that the Youth Justice Board, as authorised by the Home Secretary and working closely with Youth Offending Teams will decide in which secure facility the custody element of the sentence will be served. Options include:

1. Local authority secure accommodation
2. A secure training centre (STC)
3. A young offender institution (YOI).

Half of the order will be supervised in the community. The supervising officer is appointed at the start of the sentence and, as well as being responsible for post release supervision is also responsible for the planning and supervision of the custodial element.

Breach of supervision requirements

Supervising officer instigates breach proceedings

Breach procedures/penalties

• magistrates have power to issue a summons or arrest warrant to bring a young person to youth court
• court can impose a further period of custody (up to 3 months or until the end of the order - whichever is the shorter)
• a fine up to level on standard scale (currently £1,000).

Other offences during the order

Conviction of a further imprisonable offence may result in

• additional period of detention can be served concurrently or consecutively

Custodial Sentences