Court sentences
There are a number of different punishments you could receive if you're under the age of 21 and have been charged with committing an offence. TheSite.org looks at the types of custodial and community sentences you could end up serving.
Custodial sentences
The emphasis on custodial sentences is to make sure you're given training, education and rehabilitation, rather than just spending time behind bars. If sentenced to custody, you could be sent to:
- Secure children's homes: These are run by local authorities and are for young offenders aged 12 to 14, girls up to the age of 16, and 15 to 16 year-old boys who are assessed as vulnerable;
- Secure Training Centres: These are purpose-built centres for young offenders up to the age of 17. They normally provide education and vocational training as well as focusing on addressing your behaviour;
- Young Offender Institutions (YOIs): These are for young offenders aged 15 to 21 and are run by the Prison Service. You could receive up to 25-hours of education every week, including courses and programmes to improve your behaviour.
Detention and Training Order (DTO)
This may be given to you if you're aged 12 to 17 and have a history of offending. It involves a custodial sentence of between four months and two years. The first half of the sentence is completed in custody and the second half in the community under the supervision of a Youth Offending Team (YOT). The court can only give you a DTO if the crime is also punishable with imprisonment for a person over the age of 21. The court also has to decide if the sentence reflects the seriousness of the offence.
Section 90/91
This is a custodial sentence and can only be given in the Crown Court. This could be given if you are convicted of an offence where an adult committing the same crime could receive at least 14 years in custody. Section 90/91 means you can be sentenced up to the maximum time the adult can get for the same offence, which for certain offences, may be for life.
Community sentences
- Fine: The amount will normally reflect the offence committed and your circumstances;
- Reparation Order: This order is designed to get you to understand the consequences of your crime. It could involve getting the victim and offender together, if both sides agree, or by undertaking community work;
- Referral Orders: You could be given this order if you plead guilty and have been convicted for a first offence. You'll be referred to a Youth Offender Panel which considers the best course of action, lasting from three to 12 months. Once completed, the offence won't have to be disclosed when applying for work;
- Attendance Centre Order: With this order you'll be asked to go to an Attendance Centre, which is normally run by the police. It involves discipline, physical training and developing social skills and can last up to 36 hours, depending on your age and seriousness of the crime;
- Action Plan Order: This is a three-month intensive, community-based programme. It involves going to an attendance centre on a regular basis and repairing any harm done to the victim or community;
- Community Punishment Order: A Community Punishment Order is given to 16 to 17 year-old offenders and involves completing unpaid work for a period of 40 to 240 hours;
- Community Rehabilitation Order: This is given to 16 to 17 year-olds and is equivalent to a supervision order. This order may also include programmes to address offending behaviour;
- Supervision Order: Supervision Orders can last up to three years and may include: drug treatment; curfews; participation in an Intensive Supervision and Surveillance Programme; as well as activities set by a Youth Offending Team (YOT);
- Community Rehabilitation and Punishment Order: This involves elements of the Community Punishment Order and the Community Rehabilitation Order, but is only available to courts for people aged 16 to 17. It can last from 12 months to three years and unpaid community work can last between 40-100 hours;
- Drug Treatment and Testing Order: This order can last from six months to three years and will involve regular drug testing and treatment;
- Parenting Order: A Parenting Order is given to your parents/carers and will last for three months, but can be extended to a year. It doesn't result in a criminal record, but parents/carers may need to attend counselling or guidance sessions and make sure you get home at a certain time. If this doesn't happen, they could be prosecuted.
Discharge
If you've been found guilty, the court can make an order to discharge you if it decides that punishment is not appropriate. There are two types of discharge:
- Absolute Discharge: If you admit you're guilty or are found guilty of an offence, no further action will be taken and you'll be given an absolute discharge;
- Conditional Discharge: This is when no immediate punishment is given. Instead, a period of between six months and three years is set, and as long as you don't commit any more offences, there will be no punishment. If you do offend in that time, you can be brought back to court and re-sentenced.

