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 Howard League for Penal Reform guide around working effectively with Black children for lawyers.      Description: The Howard League for Penal Reform have published Making Black lives matter in the criminal justice system - A guide for antiracist lawyers.The guide aims to help practitioners to educate themselves; ask the right questions; gather the right information…
Summary: Attached below are a variety of resources to support child going to Court. Age: 10-17 Sex: n/a Cost: n/a     Aims: Help to prepare children for going to Court     Description: Kent Youth Justice Service participation apprentices have created a variety of resources to prepare children for Court.  Attached below are the following resources: Court process (provides…
Summary: Link to videos for children that explain the process of disclosures and spend convections.     Aims: Accessible videos to explain disclosure and spent convictions.   Description: Attached below are three videos, which are accessible through YouTube, created by Nacro that may be used by children and parents/carers concerning disclosure and spent convictions. Young People with Criminal Records: Do…
Summary: Protocol drafted by HM Courts and Tribunals Service, which outlines how cases will be heard within a single Court to avoid unnecessary travel for children, police and other agencies. Description: The protocol has been drafted by HM Courts and Tribunals Service and agreed with other criminal justice partners. It outlines how cases will be heard within a single court…
Summary: Attached is the link to the YJLC child criminal exploitation guide for criminal practitioners representing children in Court.     Description: The Youth Justice Legal Centre (YJLC) has published Child Criminal Exploitation guidance, which has been created to assist criminal practitioners representing children who have been exploited and are charged with offences arising out of the exploitation. There are…
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.
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