Worked example 1
Tariq, aged 15, pleads guilty in youth court to his first offence — shop theft worth £40. Analyse available sentencing options and the welfare principle. [10 marks]
Show solution outline
1. Jurisdiction: Tariq is 15 — youth court has jurisdiction. Age of criminal responsibility is 10 — Tariq is within the system.
2. Welfare principle: Under the Children and Young Persons Act 1933, the court must have regard to Tariq's welfare. Youth sentencing prioritises rehabilitation over retribution — contrast with adult framework (2.3.1).
3. Referral order: For a first offence where Tariq pleads guilty, a referral order is the presumed starting point — a youth offender panel agrees a contract including reparation to the victim and an intervention programme. This is designed to prevent reoffending without criminalising unnecessarily.
4. Youth rehabilitation order (YRO): Available if a referral order is unsuitable (e.g. not first offence or more serious). For a £40 theft, a YRO would be disproportionate if a referral order is available.
5. DTO (custody): A Detention and training order is reserved for serious or persistent offending — completely inappropriate for first-time low-value theft.
6. Fine/discharge: The youth court can impose a fine (parent may pay) or an absolute/conditional discharge, but a referral order is mandatory for most first guilty pleas unless the offence is trivial enough for a discharge.
Conclusion: A Referral order is the most appropriate disposal — it addresses rehabilitation, reparation, and welfare without a custodial sentence, and is the mandatory starting point for this scenario.