9084 · 2.3.2
Young offenders flashcards
Revision flashcards for Cambridge 9084 Young offenders (syllabus 2.3.2). Flip, recall, then mark a real past-paper question.
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Youth court age range?
Defendants aged 10–17 at date of offence — those under 10 cannot be criminally responsible.
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What is the age of criminal responsibility in England and Wales?
10 years old. Children under 10 are considered 'doli incapax' (incapable of wrong) and cannot be prosecuted for a criminal offence.
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What is 'doli incapax'?
A Latin term meaning 'incapable of wrong'. It's a legal presumption that a child is incapable of forming criminal intent. In England and Wales, it applies to children under 10. The rebuttable presumption for children aged 10-13 was abolished by the Crime and Disorder Act 1998.
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What is the principal aim of the youth justice system?
As stated in the Crime and Disorder Act 1998, the principal aim is 'to prevent offending by children and young persons'. This is a forward-looking, preventative aim.
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What is the 'welfare principle' in youth justice?
Derived from s.44 of the Children and Young Persons Act 1933, it requires any court dealing with a child or young person to have regard to their welfare. This must be balanced with the principal aim of preventing offending.
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Referral order?
Mandatory for most first-time young offenders pleading guilty — panel agrees contract with reparation and intervention.
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What happens if a young offender breaches their Referral Order contract?
They are returned to the Youth Court, which can then re-sentence them for the original offence, potentially imposing a more serious sentence like a Youth Rehabilitation Order (YRO).
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Youth rehabilitation order (YRO)?
Community sentence with requirements (curfew, supervision, education, unpaid work if 16+).
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Name three possible requirements under a Youth Rehabilitation Order (YRO).
Supervision, Curfew, Unpaid Work (for 16-17s), Drug Treatment, Mental Health Treatment, or Intensive Supervision and Surveillance (ISS).
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Detention and training order (DTO)?
Custodial sentence for 12–17 year-olds — half served in detention, half in community under supervision.
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Youth court vs Crown Court for young offenders?
Serious cases (e.g. homicide, grave crimes) or those charged with an adult may be sent to Crown Court; most offences stay in youth court.
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Describe a Detention and Training Order (DTO).
A custodial sentence for 12-17 year olds, lasting 4-24 months. Half is served in custody and the second half is served under supervision in the community.
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What is the maximum length of a DTO?
24 months (2 years).