Court Sentencing

Children and young people are normally sentenced in a Youth Court. If it is an offence that may get a longer sentence, the case could be heard in Crown Court.

Discharges

Discharges are given for the least serious offences. They mean that the child or young person gets released from court without any further action. They will still get a criminal record.

• Absolute discharge
• This is when the court decides not to impose a punishment because the experience of going to court has been punishment enough.
• Conditional discharge
• These are for a set amount of time. For example, for one year, during that time no further action will be taken. If you commit another crime though within the year you can be sentenced for the first offence as well as the new one.

Fines

The fine should reflect the offence committed and the child or young person’s ability to pay. Where the child or young person is under 16 the parent or carer must pay the fine. The level of the fine will then be based on their ability to pay.

Referral Order for up to 1 year

Usually, a referral order is the first order a young person can have at court. After a child has been sentenced to this order, we will meet the child and their parents or carers. We will gather information from them and any professionals involved. We will carry out an assessment to present to the ‘Referral Order Panel’. At the Panel everyone will agree on a ‘contract’ or plan about how to proceed on their order. This contract will ask about:

• how to mend the harm caused by the offence
• how to support the young person so they don't commit further offences

A court can state a parent, carer or responsible adult (including a professional involved) must attend panel meetings.

The following Orders will only be given in court after an assessment has been carried out. This will be similar to that for an Out of Court Disposal and a Referral Order. This assessment will be presented as a report to the Court to help them in sentencing. It is called a Pre-Sentence Report (PSR) and the young person, their parents and any professionals will be involved. It will make recommendations to the court about what order will be put in place. Make sure you talk to us about this report and what recommendation will be made to the court. If the child has a care status the local authority may have to attend court with the child. This is so they can discuss all plans and views on sentencing included in the PSR.

Youth Rehabilitation Order for up to 3 years

A Youth Rehabilitation Order will contain one or more requirements. These will usually include:

• working with the TYJS (a Supervision Requirement)
• unpaid work
• a curfew
• having to live in a certain place
• appointments with us at least weekly, sometimes more
• the installation of electronic monitoring equipment at the young person’s home for up to 3 months
• intensive intervention programmes for up to 25 hours a week over a 12-month period

Custody (prison)

Only a very small number of young people receive a custodial sentence in Torbay area. These are only for very serious offences. Since 2020 there has only been 1 young person sentenced to custody.

If a child or young person is sentenced to custody, they will go to either a:

• Secure Children’s Home (SCH)
• Secure Training Centre (STC)
• Youth Offenders Institute (YOI).

For longer sentences they may move from one to another as they get older. The first half of the sentence is usually served in custody. The second half will be supervised by the Youth Offending Service in the community.

We remain responsible for the child or young person’s case wherever they are placed. We will be in frequent contact with:

• the child/young person
• you, as the professional involved
• the secure accommodation provider
• parents or carers

There will be frequent meetings with everyone above which the child should attend. Parents / carers will be able to visit at other times by arrangement with the secure provision. If agreed, the child can make telephone calls with family and professionals while in custody. Maintaining contact is a high priority for young people in custody. It is a key element for resettlement when they are released.