Youth court procedure - Detention and training orders

Learning Outcomes

After reading this article, you will be able to explain the purpose and structure of Detention and Training Orders (DTOs) in youth court, identify when a DTO may be imposed, and outline the key legal requirements and practical considerations for their use. You will also be able to distinguish DTOs from other youth sentences and understand the roles of custody and community supervision in the DTO process.

SQE1 Syllabus

For SQE1, you are required to understand the procedures and principles relating to Detention and Training Orders as a youth sentencing option. In your revision, focus on:

  • the statutory basis and eligibility criteria for DTOs
  • the structure and duration of DTOs, including custody and supervision phases
  • the legal threshold for imposing a DTO and the requirement to consider alternatives
  • the role of Youth Offending Teams (YOTs) in pre-sentence reports and supervision
  • the consequences of breach and the review/appeal process for DTOs

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the minimum and maximum length of a Detention and Training Order that can be imposed by a youth court?
  2. In what circumstances can a DTO be imposed on a 13-year-old?
  3. What are the two main phases of a DTO, and what happens during each?
  4. What must a court consider before imposing a DTO on a youth offender?

Introduction

Detention and Training Orders (DTOs) are a key custodial sentence available to youth courts in England and Wales. DTOs combine a period of detention with a period of supervision in the community, aiming to punish and rehabilitate young offenders. For SQE1, you must know when a DTO can be imposed, its structure, and the legal safeguards that apply.

The Legal Framework for DTOs

DTOs are governed primarily by the Crime and Disorder Act 1998 and the Powers of Criminal Courts (Sentencing) Act 2000. They are available for offenders aged 12 to 17 when the seriousness of the offence justifies custody.

Key Term: detention and training order (DTO) A custodial sentence for youths aged 12–17, combining detention in a secure setting with supervised training in the community.

Eligibility and Threshold for DTOs

A DTO can only be imposed if the offence is so serious that neither a fine nor a community sentence is appropriate. The court must consider all alternatives, including Youth Rehabilitation Orders with intensive supervision and surveillance, before imposing custody.

Key Term: custody threshold (youth) The requirement that a custodial sentence may only be imposed on a youth if the offence is so serious that no other sentence can be justified.

DTOs are not available for offenders under 12. For those aged 12–14, a DTO can only be imposed if the youth is a "persistent offender" (i.e., has a recent history of repeated offending).

Key Term: persistent offender A youth who has been found guilty of, or admitted, two or more imprisonable offences on separate occasions within a recent period.

Structure and Duration of DTOs

DTOs are fixed-length sentences. The available durations are 4, 6, 8, 10, 12, 18, or 24 months. The order is split equally between custody and community supervision.

  • Custody phase: The first half is served in a secure establishment (Young Offender Institution, Secure Training Centre, or Secure Children’s Home).
  • Supervision phase: The second half is served in the community under the supervision of the Youth Offending Team (YOT).

Key Term: Youth Offending Team (YOT) A multi-agency team responsible for supervising and supporting young offenders in the community.

The Role of Pre-Sentence Reports

Before imposing a DTO, the court must obtain a pre-sentence report from the YOT. This report assesses the youth’s background, risk factors, and suitability for custody or alternatives.

Worked Example 1.1

A 15-year-old with no previous convictions is convicted of burglary. The pre-sentence report suggests a Youth Rehabilitation Order (YRO) with intensive supervision. The magistrates are considering a DTO. What should they do?

Answer: The court must consider the YRO with intensive supervision before imposing custody. A DTO should only be imposed if the offence is so serious that no other sentence is appropriate and alternatives are inadequate.

The Dual Purpose of DTOs

DTOs are intended to punish and rehabilitate. The custodial phase focuses on education, training, and addressing offending behaviour. The supervision phase aims to support reintegration and reduce reoffending.

Worked Example 1.2

A 13-year-old persistent offender is sentenced to a 6-month DTO for robbery. How long will they spend in custody, and what happens after release?

Answer: The youth will spend 3 months in custody and 3 months under YOT supervision in the community. During supervision, they must comply with requirements such as attending meetings, education, or training.

Breach and Enforcement

If a youth breaches the supervision requirements, they may be returned to court. The court can amend the order, impose additional requirements, or order the youth to return to custody for part of the remaining supervision period.

Exam Warning

A DTO cannot be imposed simply because a youth has breached previous community sentences. The custody threshold must still be met, and the court must give reasons for imposing custody.

Appeals and Review

A youth may appeal the length or imposition of a DTO to the Crown Court. The court must ensure the sentence is proportionate and that all statutory requirements have been met.

Revision Tip

Always check the age, persistence of offending, and availability of alternatives before recommending or advising on a DTO.

Summary

FeatureDTOs (Detention and Training Orders)
Age range12–17 (12–14 only if persistent offender)
Length4, 6, 8, 10, 12, 18, or 24 months
StructureHalf custody, half community supervision
ThresholdOnly if offence is so serious custody justified
AlternativesMust consider YRO with intensive supervision
BreachMay result in return to court/custody

Key Point Checklist

This article has covered the following key knowledge points:

  • A DTO is a custodial sentence for youths aged 12–17, available only if the offence is so serious that custody is justified.
  • For 12–14-year-olds, a DTO can only be imposed if the youth is a persistent offender.
  • DTOs are fixed-length (4–24 months) and split equally between custody and community supervision.
  • The court must obtain a pre-sentence report and consider all alternatives before imposing a DTO.
  • Breach of supervision can lead to return to court and possible recall to custody.
  • Appeals are possible if the DTO is disproportionate or imposed without proper consideration of alternatives.

Key Terms and Concepts

  • detention and training order (DTO)
  • custody threshold (youth)
  • persistent offender
  • Youth Offending Team (YOT)
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Pleased to share that I have successfully passed the SQE1 exam on 1st attempt. With SQE2 exempted, I’m now one step closer to getting enrolled as a Solicitor of England and Wales! Would like to thank my seniors, colleagues, mentors and friends for all the support during this grueling journey. This is one of the most difficult bar exams in the world to undertake, especially alongside a full time job! So happy to help out any aspirant who may be reading this message! I had prepared from the University of Law SQE Manuals and the AI powered MCQ bank from PastPaperHero.

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