Dealing with offenders

Youth reprimands and warnings

Police cautions to young offenders aged 10 to 17 are replaced. A young person who admits a minor offence will be given a reprimand, provided s/he has not been reprimanded, warned or found guilty previously. A future minor offence will result in a final warning, but charges will be brought for more serious incidents. An individual will receive a warning only once, unless a subsequent offence is minor and more than two years after the first warning. Reprimands and warnings are to be given in police stations in the presence of an appropriate adult.

After a final warning, the young person must be referred to the youth offending team to arrange a rehabilitation programme to prevent re-offending. This could include, for example, assessment, work with parents, counselling, reparation and work to improve attendance and achievement at school. If the individual was then convicted of an offence within two years, a conditional discharge would not be available to the court.

Reparation orders

Courts are given the power to make a reparation order that requires juvenile offenders to make reparations to victims or to the community. The order would be based on a report prepared by a member of the youth offending team, a social worker or probation officer; and would also be supervised by one of them.

A reparation order could only be made when a sentence is not fixed by law and when a non-custodial sentence is planned. The action required could involve up to 24 hours work and must be completed within three months.

If breached, the court may impose a fine up to £1000, make an attendance centre or curfew order, apply a new sentence relating to the original charge (youth court) or commit the offender to appear before Crown Court (depends on original charge).

Action plan orders

If a court believes that it will assist rehabilitation or prevent re-offending it may issue an action plan order relating to a young person convicted of an offence for which the sentence is not fixed in law.

The order will require the offender to follow an action plan for three months. Its content will be based on a report prepared by a responsible officer, likely to be a youth offending team member. This will suggest the requirements, identify the benefits it is intended to achieve and describe the attitudes of parents/guardians. The action may require the young person to:

• participate in specified activities
• report in person at specified times
• attend an attendance centre
• stay away from certain places
• comply with educational arrangements
• make specified reparations
• attend hearings fixed by the court

Courts have same options for dealing with failure to comply as for reparation orders.

Detention and training orders

The Crime and Disorder Act 1998 gives courts the power to apply detention and training order to young persons convicted of an offence that would be punishable by imprisonment if the offender was over 21 years.

Such orders will not be made for offenders under 15, unless a persistent offender, or under 12, unless necessary to protect the public. The order would be served in secure accommodation.

Sexual, violent and drug-dependent offenders

The act introduces various provisions for extending sentences for licence purposes for sexual or violent offenders.

For offenders over 16 who are dependent on or have a propensity to misuse drugs, courts may impose a treatment and testing order lasting between 6 months and three years, if it is thought s/he may be susceptible to treatment. The treatment requirement requires an individual to accept treatment throughout the period and the testing requirement requires provision of sample to ascertain whether s/he has drugs in the body. Orders can only be made when treatment can be provided.

If an offender does not indicate in court a willingness to comply with an order or subsequently fails to comply, a variety of court actions may follow.

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