Revise Young offenders for Cambridge 9084 (2.3.2)

A fundamental principle is that a person cannot be convicted of an offence unless they have reached the age of criminal responsibility. In England and Wales, this is set at 10 years old by the Children and Young Persons Act 1933. Children under 10 are considered doli incapax – incapable of wrong – and cannot be prosecuted. Historically, there was a rebuttable presumption of doli incapax for children aged 10 to 13, meaning the prosecution had to prove the child knew their act was seriously wrong. This was abolished by the Crime and Disorder Act 1998, a move that remains controversial. Critics argue that it is unjust to treat a 10-year-old with the same presumption of criminal understanding as an adult, while supporters argue it simplifies the law and holds young offenders accountable.

The Youth Court is a specialist branch of the Magistrates' Court dealing with most offences committed by young people aged 10 to 17. Its procedure and ethos are guided by two key statutory principles: the principal aim of preventing offending (Crime and Disorder Act 1998) and the duty to have regard for the welfare of the child (s.44 Children and Young Persons Act 1933). The environment is less formal than an adult court to reduce intimidation; for example, judges and lawyers do not wear wigs and gowns, and parents or guardians are required to attend. The public is excluded, and reporting restrictions automatically apply to protect the identity of the young defendant. The bench comprises either a District Judge or three specially trained magistrates. While most cases are heard here, very serious offences (such as murder) will start in the Youth Court before being sent to the Crown Court for trial.

A Referral Order is a sentence specifically for young offenders appearing in court for the first time and pleading guilty. It is the standard sentence in such cases, unless the offence is so minor it warrants a discharge or so serious it requires custody. The offender is 'referred' to a Youth Offender Panel, composed of community volunteers and a member of the Youth Offending Team. The panel, along with the offender and their parents/guardians, agrees on a 'contract' of activities for a period of 3 to 12 months. This contract aims to repair the harm caused (restorative justice) and address the causes of the offending behaviour, for example through victim apology letters or attending programmes on substance misuse. If the young person fails to comply with the contract, they can be returned to court for re-sentencing for the original offence.

The Youth Rehabilitation Order (YRO), introduced by the Criminal Justice and Immigration Act 2008, is a flexible community sentence. It can be imposed for any offence for which imprisonment is not fixed by law. A judge in the Youth Court can create a bespoke sentence by choosing from a menu of 18 different requirements to attach to the order. This allows the sentence to be tailored to the individual's needs and the specific offence. Examples range from relatively low-level interventions like an Activity Requirement to highly intensive options like an Intensive Supervision and Surveillance (ISS) programme, which is a community-based alternative to custody. Other options include a supervision requirement, a curfew, an exclusion requirement, unpaid work (for 16-17 year olds), drug testing, and mental health treatment requirements. The YRO provides a step up from a Referral Order and is used for more serious or persistent offenders.

For the most serious or persistent young offenders, a custodial sentence may be necessary. The main custodial sentence for those aged 12-17 is the Detention and Training Order (DTO). A DTO can last from 4 months to 2 years. The unique feature of a DTO is its structure: the first half is served in custody in a secure children's home, secure training centre, or young offender institution. The 'training' element is crucial; this custodial period should involve a personalised plan focusing on education, behaviour management, and addressing offending-related needs. The second half is served in the community under the supervision of the Youth Offending Team. This ensures a structured transition back into society and continues the focus on rehabilitation. For the gravest crimes (e.g., murder, manslaughter), young offenders can receive longer sentences of detention under sections 90 and 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (now Sentencing Act 2020).