Consultation on the Principles of Sentencing for Youths

Hasn't it all gone quiet about youth crime? Quieter certainly, but the subject of youth crime is never that far from debate in either the public domain or the political arena. Every year, Parliament passes yet another criminal justice Bill, all of which have some impact on under-18s who are in trouble with the law. Recent legislative changes introduced in the Criminal Justice and Immigration Act 2008 are particularly significant. In fact, the Sentencing Guidelines Council held back from publishing its draft guidelines on the Principles of Sentencing for Youths until that Act had completed its passage through Parliament.

Why is it so important? It brings in the youth rehabilitation order (YRO) - the long-expected rationalisation of community sentences first mooted more than five years ago in Youth Justice: The Next Steps - as well as the new youth conditional caution, a framework for the purposes of sentencing, a number of changes relating to the use of custody, and other measures.

What is the YRO then? It's a single, generic community sentence that the court can decide to link to a menu of requirements, some - such as the mental health treatment requirement - are rehabilitative in nature, others - such as the prohibited activity requirement - are more punitive or put in place to protect the public from further offending. The YRO comes into force in the autumn, alongside the Youth Justice Board's new risk-based intervention model, the Scaled Approach.

And what is the council consulting on? The ways in which the courts should approach sentencing, with different sections focusing on the specific orders now available: financial penalties, parenting orders, referral orders, community sentences, and the detention and training order. The consultation questions ask, for example, under what circumstances should they be used; what factors may inform the length of sentence; or what approach should be taken when dealing with a young person breaching a specific order. However, the draft guidelines also provide a history of the current youth justice system, referring to some of the more contentious issues like the low age of criminal responsibility, the high use of custody in England and Wales, or whether the system has a disproportionate impact on black and minority ethnic young people. And it lists the main criticisms of the system made by the UN Committee on the Rights of the Child.

What about young people with mental health problems or learning disabilities? There's a brief section on equality and human rights in which the council asks respondents how a court might identify the presence of either of these factors when thinking about the appropriateness of any particular intervention. More generally, the paper refers to discussions about language. Should the youth justice system continue to refer to a legal requirement that dates back to 1933 to have regard to the welfare of the child; or, using the language of the UN Convention, the best interests of the child; or, using the language of Every Child Matters, the wellbeing of the child? It may appear pedantic, but it's important that everyone understands these concepts clearly.

FACT FILE

• The Sentencing Guidelines Council was set up in 2004 to produce guidelines that encourage consistency in sentencing in England and Wales
• The Consultation on the Principles of Sentencing for Youths is available here
• Responses are due by 23 March.