Youth Court 

Sentence

Many instances of sexual offending by children arise in the context of immaturity, lack of awareness of the nuances of consent, sexual experimentation and peer pressure. It is long recognised that it was not the intention of parliament to punish children using legislation designed to protect them. When a child is being sentenced for a sexual offence psychological and psychiatric reports can be extremely valuable to establish developmental maturity. The following elements are to be key consideration for the court:

• the age of the offender (chronological and emotional)
• The seriousness of the offence 
• The likelihood of further offences being committed 
• The extent of harm likely to result from those further offences. 

In the majority of cases concerning youth clients we are eager to ensure they avoid custody and strive to build strong mitigation to allow positive rehabilitation for them. 

Turning 18 before sentence

In the majority of cases a child or young person will be sentenced in the youth court. The Youth Court can pass sentence in cases sent from the Crown Court and adult Magistrates Court. The Youth Court can commit a child or young person to the Crown Court for sentence where they meet the ‘dangerousness’ criteria or in cases where a sentence of long-term detention is deemed necessary. 

Sentencing options available to the youth court:

• Referral Orders 
• Youth Rehabilitation Orders 
• Detention Orders for a maximum of 24 months 
• Absolute and conditional discharges 
• Fines 
• Ancillary orders such as a compensation order can also be made by the Youth Court 

Will a youth be subject to the Sex Offenders Register? 

Youths can be made subject to the notifications requirements of the Sex Offenders Register, the offences which attract this requirement are listed in schedule 3 of the Sexual Offences Act 2003. For some of the offences the requirements are automatic following conviction or caution. However, most commonly the notification requirements will not be imposed following a caution, they will only apply where a youth is sentenced to a Detention Order of 12 months or more. 

At Eventum Legal we strive to liaise with the police and Crown Prosecution Service at the earliest possible stage of a case, usually at the pre-charge stage, with the first aim being to prevent any kind of prosecution. Minimising the impact on a youth offender is priority. In some cases it may be that our role is to ensure the appropriate offence is charged, or dealt with by way of a caution with the aim being to avoid our youth clients especially, becoming subject to the Sex Offenders Register notification requirements. 

With EventumLegal, you gain more than just legal representation; you gain a partner who is committed to protecting your rights, your reputation and your future.