Types of orders

Pre-court disposals

These are designed to help stop offending at an early stage and take place outside of the court system. Police officers issue Youth Restorative Disposals, Reprimands and Final Warnings and they are given when young people first get into trouble, behave anti-socially or commit minor offences. The young person must accept responsibility and plead guilty to the offence for a Youth Restorative Disposal, Reprimand or Final Warning to be given.

Youth Restorative Disposal (YRD)

The Youth Restorative Disposal (YRD) is a new option for Police which holds 10 to 17 year olds to account for minor crime and disorder through the use of restorative justice.

Restorative justice principles allow the victim to take an active role in the way an offender is dealt with and helps them understand how they became a victim of crime.

YRDs are only an option for low-level incidents, where guilt is admitted and there is a practical option for an apology or for the young person to put right the harm or loss they have caused. It aims to strike the right balance between addressing the offence and providing support for young people in encouraging them to not commit further crimes or anti-social behaviour. Parental involvement in the process is also encouraged.

Reprimands

These are formal verbal warnings given to young people who have admitted they are guilty of a minor first offence and have no previous convictions. Once a young person has received a reprimand they cannot be reprimanded again, the Youth Offending Service (YOS) can offer support if a young person is likely to offend again.

Final warnings

These are a step up from reprimands and are given to young people who admit guilt for a first or second minor offence. The YOS offers support to all young people who receive a final warning to try to stop any more offending. Those receiving a final warning are given the opportunity to make amends to the victim or to the community through Restorative Justice. It is based on the young person's needs, risks and the nature of the offence. Most final warnings last up to six weeks and if the young person willingly takes part this can be used as evidence in any future criminal proceedings.

The Government is currently looking at changing the nature of the of pre-court disposals as part of the Green paper 'Breaking the Cycle'.

Breaking the Cycle [259KB]

Court disposals

If the young person commits another offence, they may be sent to court. Magistrates and Judges then have a number of orders they can use.

Absolute discharge

A young person's guilt is either admitted or established but the offence isn't serious enough to warrant sentencing.

Conditional discharge

No immediate punishment but if the young person commits another offence in a specified time they can be brought back to court for both the new and the original offences.

Fine

The size of the fine is reflected by the seriousness of the offence and the young person's financial circumstances. For a young person under sixteen years of age, the responsibility for paying the fine rests with their parents/carers.

Referral Order

A young person is given this order if it is their first time before the court and they plead guilty to the offence. The young person upon receiving this order has to attend a Referral Panel which is composed of two volunteers from the community and a panel advisor from the Youth Offending Service. The panel along with the young person, their parents/carers and the victim of the offence (where appropriate) agree a behaviour contract and support lasting between three and twelve months.

Youth Rehabilitation Order (YRO)

This is a general community sentence for young people who offend. They differ depending on the young person and their offence, but all ask certain things of the young person over time and offer support to achieve goals. The YRO can be in force for anything up to three years dependant on the needs of the young person and the seriousness of the offence committed.

Reparation Order

This helps offenders take responsibility for their behaviour and to understand the consequences of their actions. The young person must repair the harm caused by their offence, either directly to the victim indirectly to the community.

Sentences to custody

There are two types of sentences to custody. They are:

Detention and Training Order

This is a custodial sentence for young people between 12 and 17 years old ranging from four months and two years. The first half of this sentence is spent in custody and the second half of the sentence will be in the community under the supervision of the Youth Offending Service.

Section 90/91

This sentence can only be given out by the Crown Court in response to an offence committed by a young person, which, if committed by an adult, would receive a sentence of fourteen or more years. A minimum custodial period will be set by the sentencing court.

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