Published: 02 July 2009
Sentencing Young Offenders
The Sentencing Guidelines Council published a draft guideline on the principles which apply when courts sentence young offenders.
Far more than with adults, the approach to sentencing young offenders will be individualistic, the Council says in the draft guideline. This recognises that young people under 18 can be significantly different in maturity and that the individual circumstances of each offender will need to be considered carefully.
The guideline is set in the context of new laws for sentencing young people which are expected to come into force later in 2009.
It deals with the approach to the new youth rehabilitation order, including the order with intense supervision and surveillance which is an alternative to an immediate custodial sentence.
The guideline also covers the length of custodial sentences, where it is particularly important to consider maturity as well as age, in addition to the circumstances of the offence.
The closer an offender was to age 18 when the offence was committed and the greater the maturity of the offender or the sophistication of the offence, the closer the sentence is likely to be to that which would be imposed on an adult.
Tim Workman, Senior District Judge and Council member said:
“It is very important that young people who commit offences are held responsible for their actions and, where possible, take part in repairing the damage caused.
The sanction imposed should establish that responsibility and do everything possible to reduce the risk of further offences.”
Council member, Anthony Edwards said:
“Some offenders will be extremely mature, more so than some offenders who are over 18, whilst others will be significantly less mature.
For younger offenders, greater flexibility will be required to reflect the potentially wide range of culpability and to deal with problems shared by many young people who have to be sentenced – such as mental health problems, learning, speech and language difficulties - in order to reduce the likelihood of them offending again.”
The Council is seeking the views of the Justice Secretary and the Justice Select Committee.
The consultation closes on 28 August 2009.
Further information
Consultation guideline: Overarching principles – Sentencing youths
Letter to consultees
Advice: Sentencing principles - youths
Sentencing Guidelines Council
Youth rehabilitation order
To find a business you can trust, click on the related categories below: