Youth court procedure - Youth rehabilitation orders

Learning Outcomes

After reading this article, you will be able to explain the legal basis and structure of Youth Rehabilitation Orders (YROs), identify the main requirements that can be attached to a YRO, and describe the role of Youth Offending Teams in their implementation. You will also be able to apply these principles to SQE1-style scenarios and recognise key procedural points relevant to youth sentencing in England and Wales.

SQE1 Syllabus

For SQE1, you are required to understand Youth Rehabilitation Orders as a core sentencing option in youth court. This article focuses your revision on:

• the statutory framework and principles supporting Youth Rehabilitation Orders (YROs)
• the range of requirements that may be attached to a YRO and their practical implications
• the process and considerations for imposing a YRO in youth court proceedings
• the role and responsibilities of Youth Offending Teams (YOTs) in assessment, supervision, and compliance monitoring
• the interaction between YROs, welfare considerations, and proportionality in youth sentencing

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 statutory basis for Youth Rehabilitation Orders and what principle must the court apply when sentencing a young person?
2. Name three different requirements that may be attached to a Youth Rehabilitation Order.
3. What is the function of a Youth Offending Team in relation to a YRO?
4. In what circumstances might a court impose an Intensive Supervision and Surveillance requirement as part of a YRO?

Introduction

Youth Rehabilitation Orders (YROs) are the main community sentences available to youth courts in England and Wales for offenders aged 10–17. YROs are designed to address offending behaviour through a flexible, rehabilitative approach, while ensuring that the sentence is proportionate and considers the welfare of the young person. The court can tailor a YRO by combining different requirements to meet the individual needs and risks of the offender.

Statutory Framework and Sentencing Principles

YROs were introduced by the Criminal Justice and Immigration Act 2008 (CJIA 2008) and are governed by its provisions. The youth court must also apply the welfare principle from the Children and Young Persons Act 1933 and ensure that any sentence is proportionate to the seriousness of the offence.

Key Term: Youth Rehabilitation Order (YRO) A community sentence for offenders aged 10–17, allowing the court to impose one or more requirements aimed at rehabilitation, punishment, and protection of the public.

Key Term: Welfare Principle The requirement that courts must have regard to the welfare of the child or young person when exercising criminal jurisdiction.

Key Term: Proportionality The principle that the severity of a sentence must correspond to the seriousness of the offence.

Requirements Available Under a YRO

The court can attach one or more requirements to a YRO, selected from a statutory list. The combination and intensity of requirements must be justified by the offence and the young person's circumstances.

Key Term: Requirement (YRO context) A specific obligation or restriction imposed on the young person as part of a YRO, such as supervision, curfew, or programme participation.

Common requirements include:

• Supervision requirement: Regular contact with a Youth Offending Team (YOT) officer.
• Activity requirement: Participation in specified activities (e.g., skills workshops).
• Programme requirement: Attendance at a structured programme to address offending behaviour.
• Curfew requirement: Staying at a specified place during set hours, often monitored electronically.
• Education requirement: Attendance at school or training.
• Exclusion requirement: Prohibition from entering certain places.
• Prohibited activity requirement: Ban on specific activities (e.g., associating with certain peers).
• Residence requirement: Living at a specified address.
• Drug or alcohol treatment requirement: Engagement with treatment services.
• Mental health treatment requirement: Participation in mental health assessment or treatment.
• Electronic monitoring requirement: Use of electronic tagging to monitor compliance.

The court must explain each requirement clearly to the young person and ensure that the overall order is not more onerous than necessary.

Intensive Supervision and Surveillance (ISS)

For serious offences or persistent offenders, the court may impose an Intensive Supervision and Surveillance (ISS) requirement. ISS is the most demanding non-custodial community sentence and includes a high level of supervision, structured activities, and curfew with electronic monitoring.

Key Term: Intensive Supervision and Surveillance (ISS) A YRO requirement involving intensive support, monitoring, and structured activity, used as an alternative to custody for serious or persistent youth offenders.

Procedure for Imposing a YRO

Before making a YRO, the youth court will usually request a pre-sentence report from the Youth Offending Team. This report assesses the young person's background, risks, and needs, and recommends suitable requirements.

The court must:

1. Consider the seriousness of the offence and the principle of proportionality.
2. Have regard to the welfare of the young person.
3. Review the YOT's assessment and recommendations.
4. Select appropriate requirements, ensuring they are explained to the young person.
5. Specify the duration of the order (up to three years).
6. Confirm that the young person understands the consequences of non-compliance.

Worked Example 1.1

Scenario: A 15-year-old is convicted of theft and has a history of truancy and substance misuse. The pre-sentence report recommends a supervision requirement, a drug treatment requirement, and an education requirement.

Answer: The court may impose a YRO with supervision, drug treatment, and education requirements. The young person will be supervised by a YOT officer, must attend drug treatment sessions, and is required to attend school or training as directed.

Role of the Youth Offending Team (YOT)

Youth Offending Teams are multidisciplinary teams responsible for supervising young people subject to YROs. YOTs assess risk, coordinate interventions, monitor compliance, and report breaches to the court.

Key Term: Youth Offending Team (YOT) A local authority team comprising professionals from social services, education, health, and police, responsible for supervising and supporting young offenders.

YOT officers act as case managers, meeting regularly with the young person, liaising with family and schools, and enabling access to services.

Worked Example 1.2

Scenario: A 16-year-old is given a YRO with a curfew and exclusion requirement. The YOT officer visits weekly, checks compliance with the curfew, and supports the young person in finding positive activities.

Answer: The YOT officer monitors the young person's adherence to the curfew and exclusion zones, provides support, and reports any breaches to the court if necessary.

Breach and Review of a YRO

If a young person fails to comply with a requirement, the YOT will attempt to resolve the issue informally. Persistent or serious breaches are reported to the court, which may:

• Amend the order by adding or substituting requirements.
• Impose a fine.
• Re-sentence the young person, including consideration of custody for serious or repeated breaches.

Exam Warning

If a young person persistently breaches a YRO, the court may revoke the order and impose a custodial sentence. Always consider the seriousness and frequency of non-compliance.

Summary

Table: Examples of YRO Requirements

Key Point Checklist

This article has covered the following key knowledge points:

• The statutory basis and principles for Youth Rehabilitation Orders (YROs) in youth court.
• The range of requirements that may be attached to a YRO and their purposes.
• The procedure for imposing a YRO, including the role of pre-sentence reports.
• The responsibilities of Youth Offending Teams in assessment, supervision, and compliance.
• The consequences of breach and the court’s powers to amend or revoke a YRO.

Key Terms and Concepts

• Youth Rehabilitation Order (YRO)
• Welfare Principle
• Proportionality
• Requirement (YRO context)
• Intensive Supervision and Surveillance (ISS)
• Youth Offending Team (YOT)