2. When should a child be responsible for their crime?
D, who is 16 is messing
around with his mother’s
gun. It goes off and kills
his sister, 12 dead.
D, who is 5, picks up the
air rifle her dad left out
after going to answer
the phone, and shoots
her 18 month old
brother in the head.
D, 14, pours bleach over V’s head after she asks
him to be quiet in the cinema.
D, who is 15, kidnaps,
beats up and kills V,
aged 12 and dumps his
body in a wheelie bin .
D, who is 8, kills his sister because she was crying so
loudly that she drowned out the TV
D, who is 11, goes into a shop picks up a
chocolate bar and walks out.
D, who is 12, is playing with his friends in a
barn when it catches on fire. They run away.
Look at the scenarios below. Which do you think should be criminally liable and why?
D, who is 10 is
being bullied by V.
He hits him
repeatedly, killing
him.
3. Why such a big deal about youth
offenders?
Watch this extract from the One show, on the problem of
youth offending.
What issues are raised?
What solutions are offered?
4. How old is old enough?
Student Task:
Read the article over the page on the age of
responsibility, and answer the following questions:
1. What should the age of responsibility be? Why?
2. What happens to a child under the current age,
who commits an offence
5. What is the aim in
sentencing youths?
“prevent
future crime”
Crime and Disorder Act 1998
Going for the top?
Look at the aims under the Crime and
Immigration Act 2008
6. So what happens to youth offenders?
Well, where possible we try to keep them out of the criminal justice system.
This means that you need to know
three levels of sentencing:
1. Pre-Court
2. First tier
3. Sentences
7. Pre-Court Responses
Reprimand
Final
Warning
Anti-Social Behaviour
Methods
Given by Police Officer
1st Offence & Plead Guilty
Can be referred to YOT
Given by Police Officer
1st or 2nd Offence & Plead Guilty
Assessed for causes and given programme
to address this.
Acceptable
Behaviour
Contract
ASBO
Individual
Support
Order
8. Firstly
Custodial Sentences
Should only be used where all other sentences are inappropriate
Secure Training Centre
e.g. Oakhill in Milton Keynes
Secure Children’s Home
e.g. Orchard Lodge, London
Young Offenders Institute
e.g. Aylesbury
Look at the attached
video...
9. Each set of pictures makes up a word:
Which one?
1.
4.
3.2.
5.
Zen + tense
Sentence
Curse + toad(y)
Custody
Community
Discharge
Fine
10. Types of Custodial Sentences:
Detention & Training Order
When hand them out?
Persistent Offenders
Significant Offending
History
Seriousness of the offence
Applies to those aged:
Lasts:
First half = custody
Second Half = Supervised in
the community (may have an
ISSP attached)
11. Types of Custodial Sentences:
S.90/91 Order
Powers of the Criminal Court (Sentencing) Act 2000
s.90
• Applies only to murder
• Detained “At Her Majesty’s
Pleasure”
• Indefinite licence on release.
s.91
• Up to the max available for an adult
• Released ½ way through
•On licence for a period afterwards
Available for crimes for which an adult would receive a
sentence of 14 years or more and are tried in the Crown Court
12. Any other custodial sentences?
Extended Sentence Fixed Term
Suspended
sentence
Home detention
curfew
Detention for
Public Protection
(DPP)
Do these sound familiar?
14. Extension:
Which custodial sentence would be the most
appropriate for each situation?
Bob, aged 14, has been
convicted of GBH on his
teacher, after he flung his
chair at her head, causing
serious scarring.
He has two previous
convictions for assault.
Louisa, aged 16, has been
convicted of murder after
she shook her babysitting
charge to death for
interrupting a phone call
from her boyfriend.
She has no previous
convictions.
Jason, aged 13, has been
convicted of four counts of
burglary. He has previously
been given a short
custodial sentence of three
months.
15. Sentence type two:
Community
Orders
Remember:
1. If the offender is aged over
16, he may be given an
adult community order
2. These should only be given
where the crime is of such
seriousness that the
punishment is justified.
3. Breach of these may
ultimately lead to a
custodial sentence.
16. Youth Rehabilitation Order
... Some more information!
Criminal Justice and Immigration Act 2008
Student Tasks:
AO1: Knowledge of the law
Using your understanding of
the adult options, and the cards in
your pairs, complete your handout to
illustrate each of these options!
AO2: Applying the law
You have all been given one of three
problems. What YRO would you hand
out to the offender and why?
17. Got it?
Which requirement am I?
You are going to see 10 requirements which may make up a Youth
Rehabilitation Order. Some of these we have done, but some we haven’t.
Can you guess which order it is?
I last for up to 6 months
I require a willingness to participate
I may not involve going anywhere, but I can still help
I can help you with an mental problems you are having
MENTAL TREATMENT ORDER
I last for up to 36 hours
I take place on a Saturday
I might involve doing some maths and English
I tend to be run by the police and aim to disrupt your free time to stop offending
ATTENDANCE CENTRE ORDER
I last for a grand total of 90 days
I might involve you meeting someone you’ve harmed
If you go somewhere, I only last for 7 days
I might make you focus on thinking skills, or binge drinking…
ACTIVITY REQUIREMENT
I last for up to 3 years
I will help to support you with all the other requirements
I will meet you regularly
I monitor you and may breach you if you break me
SUPERVISION REQUIREMENT
I might involve knife crime
I am a positive thing you can do
I might also involve anger management
I am helping you to reprogram yourself…
PROGRAMME REQUIREMENT
I last for up to 6 months
I might be between 2-12 hours long
I will tell you where to be
I might involve tracking you
CURFEW REQUIREMENT
I can’t be used on my own
I need someone to be responsible for me
I will make sure you are where you say you are
I am a wonder of modern technology!
ELECTRONIC MONITORING REQUIREMENT
I depend on how old you are.
I might be used to get you to a relative
I can only last 6 months
If you are older, you may be able to leave the family
RESIDENCE REQUIREMENT
I will use the police to make sure you stick to it
I am negative in my approach
I might stop you possessing guns
…or contacting particular people
PROHIBITED ACTIVITY REQUIREMENT
I only kick in if you are 16-17 years old
I might last as long as 240 hours
…or as short as 40 hours…
But I must finish within a year
UNPAID WORK REQUIREMENT
18. You be the (district) judge!
Joe, aged 12, has been convicted of robbery
after he stole £200 from his school mufti fund.
He has an ASBO for anti-social behaviour
towards others in his neighbourhood, and was
convicted along with two other friends.
Louise, age 15, has been convicted of assault
after she hit her sister, causing her to break
her nose. Louise has been depressed and is no
longer attending school. She has previously been
on medication to help with the depression, but
has stopped taking it. She has no previous
convictions
Stacey, aged 11, has been convicted of two
counts of theft and one of criminal damage.
She has three previous convictions for criminal
damage, all of which occurred after drinking
large amounts of alcohol. She currently lives
with her parents, who are both alcoholics.
Using everything you have learnt
about youth sentencing so far, and
about the things which judges take
into account in sentencing an
offender, you are going to…
sentence the perp!
19. Peer Assessment
Now you have
another response…
to another question!
You are going to
apply your
understanding of
both the law and the
exam demands to
mark the response.
A point:
Louisa has no previous
convictions which would work
in her favour
A developed point:
Stacey’s previous convictions
would not work in her favour
because she is a greater risk of
reoffending, and so is likely to
make her sentence worse.
A well developed
point:
Joe has been charged with a
serious offence which would
increase the likelihood of a
custodial sentence because of
sentencing guidelines and it is
from his school. However, the
amount that he has stolen is
quite small, and so would
probably work to reduce his
sentence.
Now, using your understanding mark
and comment on:
An absolutely fabulous
thing….
Better if you…
How confident should they
be with their response?
20. Intensive Supervision and
Surveillance Order
Simple Task!
Complete the questions
using the information in
your pack.
1. Who is the ISS aimed at?
2.How long does it generally last?
3.How might an offender end up on an ISS?
4.There are two elements to the
requirement: the intensive supervision and
the surveillance. Give three examples of
each:
5.What do you think is the aim behind the
introduction of the ISS? Why?
Surveillance Supervision
22. Applying the law:
A Case Study on the Edlington Attacks
January 2010, two boys
were convicted of a vicious
attack on another two
young boys. Now that you
have looked at all of the
options for youth
sentencing, in your pair,
you are going to take on
the role of the judge.
Mitigating
Aggravating
What sentence would you
give and why?
Be prepared to
present & defend
your conclusions!
24. Student task:
A Case Study on the Edlington Attacks
The sentence and the reasons...
The judge told the boys that while he was setting a minimum detention period of five years, the risk
they posed to the public and their lack of apparent remorse meant that they were likely to be
locked away for considerably longer, and so he attached a DPP order.
"The fact is this was prolonged, sadistic violence for no reason other than that you got a real kick
out of hurting and humiliating [the victims]," he said, directly addressing the brothers. "The bottom
line for the two of you is that you both pose a serious risk of harm to others. Your crimes are truly
exceptional."
25. Starter:
Can you tame the
trionomoes?
Lollipop level
– just brains
Sticker level
– helpful handout
Too easy?
Can you identify the
punishments which
are missing and
explain what they
have in common.
26. Youth
Sentencing
Aims?
Pre-Court
Community
Custodial
Age:
Crime & Disorder Act 1998
Youth Rehabilitation Order
Crime & Immigration Act 2008
Mix of 16
requirements
ISS
Powers of Criminal Courts
(Sentencing) Act 2000
Threshold?
DTO
First Tier
Using one colour... How much can you add to the brainstorm without notes?
Now take another and add to your notes using notes etc.
Others?
Discharges?
Orders?
Fines?Anti-social behaviour
measures
27. What should an AO1 answer look like?
The type of sentence that a young offender may receive
are slightly different from those of an adult. The
custodial sentence for a young offender may include a
number of months/years in a young offenders institute,
if they have committed a crime that would usually if
sentencing an adult, result in a longer sentence,, then
the young offender will remain in the young offenders
institute until they can be tried as an adult. The
community sentence for a young offender, like that of an
adult, will include a number of hours unpaid work, due
to the young offenders age this is most likely to include
activities such as litter picking, cleaning graffiti off of
public walls or perhaps work in an old persons’ home.
Other sentences for a young offender may be a ASBO
which will give each individual who is given one specific
conditions which they must abide by such as curfew,
banning from certain areas etc. An ASBO would usually
be given for repeated petty/summary offences such as
public disturbances, vandalism or drinking on the streets.
Like adult offenders young offenders can also be
discharged by the court if they have committed a crime,
but the courts feel that they should not be punished.
Discharge can also be conditional so the offender may be
told to go to rehabilitation or drug abuse meetings.
This is a real answer from June
2009.
You need to mark and grade it.
You have an indicative scheme, in the
brainstorm, and the descriptions on
your sheet.
Extension:
Imagine you are this student’s teacher.
What advice would you have for them?
What have they done well?
What do they need to focus on to
improve?
28. LEVEL 4 Good, well-developed
knowledge with a clear understanding
of the relevant concepts and principles.
Where appropriate, candidates will be
able to elaborate by good citation to
relevant statutes and case-law.
15-18
LEVEL 3 Adequate knowledge showing
reasonable understanding of the
relevant concepts and principles. Where
appropriate, candidates will be able to
elaborate with some citation of relevant
statutes and case-law.
11-14
LEVEL 2Limited knowledge showing
general understanding of the relevant
concepts and principles. There will be
some elaboration of the principles, and
where appropriate with limited
reference to relevant statutes and case-
law.
6-10
LEVEL 1 Very limited knowledge of the
basic concepts and principles. There will
be limited points of detail, but accurate
citation of relevant statutes and case-
law will not be expected.
1-5
Improving the response
The aim is to be in Level Four, so how
are we going to get there?
A custodial sentence should be the last
option for a young offender. Under the
Powers of Criminal Courts (Sentencing)
Act 2000, they should only be
imprisoned if they are prolific
offenders or the seriousness of the
offence justifies it.
The custodial sentence for a young
offender may include a number of
months/years in a young offenders
institute, if they have committed a
crime that would usually if sentencing
an adult, result in a longer sentence,,
then the young offender will remain in
the young offenders institute until they
can be tried as an adult.
Now you rewrite the sections on pp. 18
aiming for detail and accuracy!
29. Evaluation Work:
Do the sentences actually work?
Produce one A4 side
aimed at evaluating one
side of one of the
types of sentencing.
All of you will be able to identify
two problems or advantages of
that sentence for one set of
offenders.
Most of you will be able to
explain why they are problems or
advantages.
Some of you will be able to
consider the issues for both adult
and youth offenders.
You each have a copy of this page, and each table has 2 articles (not
all of you have the same ones!) to help you. You may want to share and
exchange to help you...
30. Apply your
understanding!
Discuss which sentences are most likely to prevent a
young offender from further offending [12] Jan 2011
Key tips:
Aim for at least three well
discussed points, and a reasoned
conclusion.
If you can’t fully discuss one
point, then add an extra one!
Use clear examples or
development to support your
discussion.
Develop your counterargument
(not just a one sentence
statement!)
Use the key words of the
question in your evaluation.
Reprimands and warning are very effective in
stopping a youth offender from further offences
if it is a first offences because
however,
Now complete three more points and
a reasoned conclusion
31. Check on your learning...
On your sheet of A5, complete the sentences in as
much detail as you can!
A youth offender is...
The biggest problem with youth offending is...
If a young person is sent to custody, they may go to...
If a young person is convicted of murder they will be sentenced to...
The aim of sentencing youth offenders is...
The community order for youth offenders is....
This includes...
The most serious type of community order is...
A first tier sentence is...
