Court and sentences

Children who enter the criminal justice system will need to attend, in most cases youth court or crown court where appropriate in order to receive their sentence. Children can only receive the following Orders at court:

  • Referral Order
  • Youth Rehabilitation Order
  • Detention and Training Order
  • Section 91

The national standards and case management guidance holds information that is particularly relevant to creating Pre-Sentence reports (PSRs), time lines and other requirements.

This section holds information and guidance concerning legislation and Court Orders and other reference documents.

Summary: Link to the Sentencing Act 2020. The Sentencing Act 2020 creates the Sentencing Code, which brings together the legislative provisions which courts in England and Wales refer to when making sentencing decisions – for example, different types of sentences. Its scope covers adult and youth sentencing. It does not affect maximum penalties for criminal offences or release provisions.  Anyone…
Summary: Attached is a copy of the template used with magistrates and district judges to provide feedback on the quality of information of report. Age: n/a Sex: n/a Cost: n/a     Aims: Capture feedback from magistrates and district judges to support improvement of Court reports.  Support the 7 YOTs to gather feedback around improving ways to address disproportionality.  …
Summary: Information relating to Location monitoring/GPS Tagging conditions and eligibility for children.     Location Monitoring/GPS tagging has been available to all eligible children across England and Wales from 30 March 2020. GPS tagging or location monitoring as it is also known can be considered as a viable alternative to custody and has the supportive and safeguarding factor to protect…
Summary:   Attached is a copy of the template used with children at Court when agreeing bail conditions with children. Age: 10-17 Sex: n/a Cost: n/a     Aims: Ensure consistency around bail support plans amongst the 7 YOTs that share Highbury Corner Court. provide the Courts with enough information to be able to make informed bail decisions.    …
Summary: Childline have published some guidance for children who need to attend Court both as a witness or as a defendant. Childline have published Going to Court Guide for children going to Court both as a witness as well as a defendant. There is information around the type of words that a child may hear in Court, what happens in…
Summary: Citizen Advice have published information for children who need to attend court as a witness.   Citizen Advice have published Going to Court as a witness, if you’re under 18, which shares information around talking to the Police and going to Court as a witness.
Summary: Family Lives have published advice for parents around going to Court with their child.     Family Lives have published some advice around going to Court with your child. The advice is for parents and carers who need to attend Court with their child. It offers information around what the day looks like.
Summary: Link to a briefing around children’s experiences in youth court by the Centre for Justice Innovation.   The Centre for Justice Innovation have published young people’s voices on youth court briefing, which explores the experiences of the children in youth courts in their own words.
Making It Count in Court provides practical guidance and templates to help improve the effectiveness of the pre-court, at-court and post-court experience for children.  
From 30 November 2019, Her Majesty’s Prison & Probation Service (HMPPS), will roll out location monitoring to youth offending teams (YOT) in London initially, followed by a national roll out in mid-2020. Attached below is the guidance for YOTs around the conditions in which location monitoring should be used.
Summary: Legislative References is a quick guide reference to all statutory duties of Youth Offending Teams.      
The Sentencing Children and Young People: Definitive Guideline is a guideline for use in courts in England and Wales on the overarching principles for sentencing children and young people. In addition it includes specific guidelines for sentencing  Sexual and Robbery Offences.
Page 1 of 2