Youth - Sentencing Flashcards
(24 cards)
What is the main aim of the youth justice system under s.37 of the Crime and Disorder Act 1998?
A. To increase detention of repeat youth offenders
B. To apply adult sentencing principles to young people
C. To ensure all youth cases are sent to the Crown Court
D. To prevent offending by children and young people
D. To prevent offending by children and young people
Explanation: The principal aim is to reduce youth offending, not to increase detention or mirror adult procedure.
When must a parent or guardian attend court with a youth under 16?
A. Only during the sentencing stage
B. Always unless it is unreasonable
C. Only if the youth is convicted
D. Only when ordered by the judge
B. Always unless it is unreasonable
Explanation: Under s.34A CYPA 1933, parental attendance is mandatory for under-16s unless the court finds it unreasonable.
What is the correct age for determining sentencing options for a youth?
A. Their age when arrested
B. Their age when charged
C. Their age on the date of conviction
D. Their age on their 18th birthday
C. Their age on the date of conviction
Explanation: The court uses the youth’s age at the time of conviction to decide available sentencing powers.
A 14-year-old is convicted of four burglaries committed over two months. They have no previous convictions. What is the court most likely to conclude?
A. They must be tried in the Crown Court
B. They qualify as a persistent young offender
C. They do not meet the persistent offender threshold
D. They cannot be detained at all due to age
B. They qualify as a persistent young offender
Explanation: Multiple comparable offences over a short period can justify a PYO classification, even without previous convictions.
A youth is found guilty of a serious robbery. The youth court feels that more than two years’ detention may be needed. What should happen next?
A. The case must be retried in the Crown Court
B. The youth should be committed to the Crown Court for sentencing
C. The youth should be sentenced in the adult magistrates’ court
D. The youth must be released on bail
B. The youth should be committed to the Crown Court for sentencing
Explanation: Under s.16 SA 2020, grave crimes may lead to committal to the Crown Court where a longer sentence is needed.
A 17-year-old is convicted and turns 18 before sentencing. What age is considered for sentencing purposes?
A. 18 — their current age
B. 19 — their likely age at sentence
C. The age they were at the time of arrest
D. 17 — their age at the time of conviction
D. 17 — their age at the time of conviction
Explanation: Sentencing is based on age at conviction, not age at sentence or arrest.
A youth is convicted of two serious offences. The court considers them dangerous and thinks extended supervision is needed. What power does the court use to commit them to the Crown Court?
A. s.16 SA 2020 — grave crimes
B. s.17 SA 2020 — dangerous offender
C. s.19 SA 2020 — related offences
D. s.44 CYPA 1933 — welfare consideration
B. s.17 SA 2020 — dangerous offender
Explanation: Where a youth is considered dangerous, s.17 SA 2020 allows committal to the Crown Court for a more serious sentence.
A 15-year-old appears in the youth court. The magistrates are unsure whether to impose a Parenting Order. What must they do if they think it might reduce future offending?
A. They may issue a parental warning
B. They must consider remanding the youth
C. They must refer the case to local authority
D. They have a duty to consider a Parenting Order
D. They have a duty to consider a Parenting Order
Explanation: Courts have a statutory duty to consider imposing a Parenting Order when it could prevent future offences.
A youth convicted of three robberies over the past year and already under supervision is now facing new charges. Which is the most accurate?
A. They are automatically classified as a dangerous offender
B. They cannot be sentenced in the youth court
C. They must be sentenced in the adult Crown Court
D. They are likely to be considered a persistent offender
D. They are likely to be considered a persistent offender
Explanation: Three imprisonable offences in the past 12 months is strong evidence for PYO status.
Which of the following is not a reason a youth court must commit a youth to the Crown Court for sentencing?
A. Dangerous offender status
B. Gravity of the offence requiring more than two years
C. Offences committed jointly with an adult
D. Related offences requiring Crown Court powers
C. Offences committed jointly with an adult
Explanation: Joint trials may require transfer, but this is not a sentencing ground under ss.16 to 19 SA 2020.
A youth is convicted in the adult magistrates’ court, but it appears the youth court may be more suitable for sentencing. What should the magistrates do?
A. Sentence in the magistrates’ court
B. Apply adult sentencing rules
C. Remit the case to the youth court for sentencing
D. Commit to Crown Court
C. Remit the case to the youth court for sentencing
Explanation: If adult court powers are not appropriate, the case may be remitted back to youth court.
In which of the following circumstances is a parent’s attendance discretionary, not mandatory?
A. Youth is 13
B. Youth is 15
C. Youth is 16 or 17
D. Youth is charged with a serious offence
C. Youth is 16 or 17
Explanation: For those aged 16 or 17, the court may require parental attendance — it is not automatic.
What is the minimum length of a Detention and Training Order (DTO)?
A. 4 months
B. 1 month
C. 6 months
D. 3 months
A. 4 months
Explanation: DTOs must be a minimum of 4 months and no more than 24 months.
What is the maximum duration of a Youth Rehabilitation Order (YRO)?
A. 12 months
B. 18 months
C. 24 months
D. 36 months
D. 36 months
Explanation: A YRO can last up to 36 months and is tailored to the needs of the offender.
A referral order becomes mandatory when a youth has:
A. Previously received a caution
B. Previously committed a serious offence
C. No previous convictions and pleads guilty to an imprisonable offence
D. Pleads not guilty to a minor offence
C. No previous convictions and pleads guilty to an imprisonable offence
Explanation: These are the ‘compulsory’ referral order conditions.
Maya, 13, is convicted of an imprisonable offence and has two prior findings of guilt within the last year. Can she receive a DTO?
A. No, DTOs are only for those aged 14 or older
B. Yes, as long as she is a persistent offender
C. Yes, but only if sentenced in the Crown Court
D. No, unless she pleads guilty
B. Yes, as long as she is a persistent offender
Explanation: Under 15s can only receive DTOs if they are deemed persistent offenders.
Tyler, 16, is being sentenced for a non-imprisonable offence. Can a Youth Rehabilitation Order (YRO) be imposed?
A. Yes, if the offence is serious enough
B. No, only referral orders are available
C. No, the offence must be imprisonable
D. Yes, as long as the custody threshold is met
A. Yes, if the offence is serious enough
Explanation: YROs do not require the offence to be imprisonable, but it must be serious enough.
Sam, 17, pleads guilty to an imprisonable offence and has no previous convictions. What sentence must the youth court impose?
A. Youth rehabilitation order
B. Detention and training order
C. Conditional discharge
D. Referral order
D. Referral order
Explanation: A referral order is mandatory in these circumstances unless disqualified by another sentence type.
A youth is convicted of multiple connected offences, pleads guilty, and already has a referral order on record. Can they receive another referral order?
A. No, referral orders can only be issued once
B. Yes, at the court’s discretion
C. No, once a custodial sentence has been served
D. Yes, but only if the offences are unrelated
B. Yes, at the court’s discretion
Explanation: Referral orders can be given again depending on prior sentencing history and the current plea.
Which requirement in a Youth Rehabilitation Order is only available if the custody threshold is crossed and the youth is a persistent offender under 15?
A. Fostering requirement
B. Education requirement
C. Supervision requirement
D. Curfew requirement
A. Fostering requirement
Explanation: The fostering requirement is only for serious offences, where the custody threshold is met, and the youth is a persistent offender if under 15.
Which court can impose a sentence of detention at His Majesty’s Pleasure?
A. Youth Court
B. Magistrates’ Court
C. Crown Court
D. Family Court
C. Crown Court
Explanation: This mandatory life sentence for youth murderers can only be imposed by the Crown Court.
In what circumstance can a referral order not be made?
A. Where the child is 16 and pleads guilty to a minor offence
B. Where the court decides an absolute discharge is appropriate
C. Where the offence is connected to others
D. Where the offender has previous cautions
B. Where the court decides an absolute discharge is appropriate
Explanation: Referral orders are not available if the court instead gives an absolute/conditional discharge, or custody is imposed.
When sentencing a youth for a grave crime under s.250 SA 2020, the Crown Court:
A. Must impose a life sentence
B. May impose detention beyond 24 months
C. Can only issue a community sentence
D. Must remit the case to the youth court
B. May impose detention beyond 24 months
Explanation: The Crown Court can impose longer detention for grave crimes under s.250 where DTOs or YROs are insufficient.
If a youth breaches their YRO, which of the following is not an option for the court?
A. Amend the order
B. Revoke the order and re-sentence
C. Impose a custodial sentence of any length
D. Impose a fine of up to 2500
C. Impose a custodial sentence of any length
Explanation: Custody is not automatically available unless the original offence and breach justify it. Other structured responses are preferred.
