An order is made by the Courts when someone is found guilty of an offence. It details what punishment people must receive for their offences.
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A community sentence, or a non-custodial sentence, means that people serve their punishment in the community.
The Youth Justice Board for England and Wales is a non-departmental public body. The aim of the Youth Justice Board is to prevent offending by children and young people.
When young people first get into trouble, behave anti-socially or commit minor offences, they can be dealt with outside of the court system. If children are behaving anti-socially, the police and local authority can use a variety of pre-court orders including:
- Acceptable Behaviour Contracts;
- Anti-Social Behaviour Orders;
- Local Child Curfews;
- Child Safety Orders.
If they have committed a first or second minor offence, a system of Reprimands and Final Warnings can be used by the police.
The purpose of these pre-court orders is to stop young people getting sucked into the Youth Justice System too early, whilst still offering them the help and support they need to stop offending.
The Youth Justice Board website shows how the Youth Justice System works, what and who is involved.
For information or to make enquiries, please contact
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Parenting orders - Social Services(Youth Offending)
A Parenting Order is an order under the Crime and Disorder Act 1998. The Parenting Order was designed primarily to help and support parents when their children get into trouble.
Frequently Asked Questions
Who can a Court make an Order on?
A court may make an Order on a parent or Guardian of:
A juvenile (10 to 16 year old) who is convicted of an offence. A child of 10 and over whom is made subject of an anti-social behaviour Order or a Sex Offender Order, and a child under 10 whom is made subject to a Child Safety Order.
The court will also be able to impose this order when someone has been convicted of failing to ensure their child attends school regularly.
Any parent or carer that a young person lives with, this may include a stepparent, can be given an Order. A parent, who is not living with the young person, but has regular contact, may be issued with an order separately.
If you are given a Parenting Order, you may be required to attend counselling or guidance sessions were you will receive help on how to deal with the young person, e.g, parenting skills, managing the young person's behaviour, how to respond more effectively to challenging adolescent demands, ensuring your child is home during set hours, and ensuring they attend school regularly.
The Order will be for no longer than three months. The Court may impose a second element, which would require you to exercise control over your child's behaviour. This may last twelve months.
How does the court decide to issue a Parenting Order?
The Court will ask for the family to have an assessment. This requires the Court to collect information on your family circumstances and what affect a Parenting Order may have.
An Assessment will involve you talking to a Youth Offending Team Officer who will talk to you regarding problems and issues that may have contributed to the court appearance. They will consider whether they feel a Parenting Order would be suitable, or whether voluntary help would be acceptable. S/He will recommend the support that would be most helpful for you and your family.
What if I cannot attend or I am ill?
You must telephone the named responsible officer and explain the reason you are unable to attend. You may be asked to produce a sick note if you are ill.
What if I don't go to Court?
A Parenting Order can be made in the absence of the parent and Guardian in Court. A parent should attend court to support their child. It may give you the opportunity to express your views if asked by the Court. Your Solicitor will give you advice about being placed on a Parenting Order and your rights to appeal against it.
What if I do not keep to the conditions of the Order?
If you have no genuine reason you will be in breach of the Order. You will be given a written warning. If you still fail to attend a Review meeting will be held. Further failure to comply will result in you being taken back to court.
If convicted you could be liable for a fine up to £1000.
For more information or if you have any enquiries, please contact:
youthoffendingservice@hounslow.gov.uk 020 8583 6363
Fax No. 020 847 9418Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Fax No. 020 847 9418Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Court procedures - Social Services(Youth Offending)
There are two main ways of being brought to Court after having committed an offence:
Being held in Police cells and produced for Court on the next available day; Being released by the Police and Bailed to appear in Court on a certain day. (If a young person does not attend court when they have been bailed to do so, it is also an offence with which they can be charged, so it is important to go to Court when you are told to.)
There are three levels of criminal Courts in England and Wales:
- Crown Court
- Magistrate's Court
- Youth Court
A young person will usually be seen by the Youth Court unless the day they are to go to Court is not a Youth Court day (most areas only run Youth Courts on certain days of the week).
If the young person appears on a day when there is no Youth Court, they will be seen in adult court (Magistrate's). In this case, the Magistrates will decide whether to send the case to the Youth Court on another day, or to keep it in Magistrate's Court.
If the young person is jointly charged with an adult, the Magistrates will have to decide if the two defendants should be kept together or if the adult should be dealt with in Magistrate's Court, and the young person in Youth Court.
If the offence that the young person has been charged with is serious enough, or if the adult they are charged with chooses to be dealt with in Crown Court, the Magistrates can send the case there. (In the case of serious crimes this is called a 'Committal'.)
Frequently Asked Questions
What should I do if I have to go to Court?
The first thing a young person should do when notified that they are to go to Court, is to get themselves a Solicitor. As most young people cannot afford to pay for a solicitor, they should be able to get legal aid, which will pay these fees. If, by the time they get to Court, a young person still does not have a solicitor, they should ask at the Court for the duty solicitor, who will advise them.
When a young person arrives at the Court, they should first of all find the Usher who is organising the Court schedule for that day and inform them that they have arrived. If a young person is late, or fails to attend, it is taken quite seriously and will usually result in a Warrant for his or her arrest.
Young people should be careful to arrive in good time for their appearance, and should attend with at least one of their parents, or another appropriate adult (preferably a relative). The Magistrates will expect a parent to be in attendance, and if no one comes with a young person, the court may put the case off to a later date and send a Summons for the parent to attend on the next occasion. If the parent does not attend on the Summons date, the Court can issue a Warrant for their arrest.
Who else will be in the Court and what do they do?
The Usher
The Usher is the person who keeps a note of which defendants are present and which solicitor is representing them. They also decide which order people will be seen in, and this usually depends on Solicitors being available when the usher is ready to bring the case before the Court.
The Clerk
The Clerk is a legally qualified person, whose job it is to guide the Magistrates in matters of the law. Magistrates will expect the Clerk to explain any points of law to them, and to help with drawing up reasons for the decisions that they make about young people.
The Prosecutor
The Prosecutor is a Solicitor who represents The Crown Prosecution Service. He or she will usually speak first about the young person, telling the Magistrates about the alleged offence. (Remember - until a person pleads guilty or is found guilty at a trial, they are innocent in the eyes of the Law!) The Prosecutor will read from Police and witness statements when they tell the Magistrates about offences, and will make them aware of any previous convictions (but not until after a person is known to be guilty).
The Defence
The Defence is the solicitor who acts for a person accused of a crime. They will speak to the young person before going into Court, so that they are aware of the circumstances of the offence. It is important that solicitors know everything about any incidents, so that they can respond to any issues raised in court.
The Youth Offending Service
The Youth Offending Service will have a representative in the Youth Court to advise the Magistrates of any information that they have about the young person. The Youth Offending Service representative will inform the Court about a young person's compliance with previous sentences and any risk issues relevant to sentencing. They ensure young people are aware of the requirements of Orders, make arrangements for assessment reports to be written and in some circumstances produce 'Stand Down' reports for the Court on the day of court. The person in Court will record court processes and outcomes so that a young person's progress through the Court system will be monitored.
The Magistrates
Last, but by no means least, are the Magistrates. Usually, the Magistrates (known as the 'Bench') will be people from the local community who have been asked to serve as Magistrates and to help with the dispensing of justice. They are not lawyers, but have been trained on how to be Magistrates by the Lord Chancellor's Department. They have specific rules that they have to abide by, and are guided through the process of dealing with offenders by a Justice's manual (they will each have a copy of this book) and the Court Clerk. There will usually be three Magistrates, but there can be occasions when there are only two.
If there is only one Magistrate sitting in the Court, this usually means that he or she is a 'District Judge' and is a legally qualified person themselves, meaning that they can sit on their own through the proceedings.
What will happen if I plead Guilty to an offence?
If a young person pleads guilty, the Court has various options open to them, depending on whether or not the young person has been convicted before. If it is the first time that a young person has appeared in court and they plead guilty, the Court has only four options open to it:
- Absolute Discharge
- Hospital Order
- Referral Order
- Custody
If the Court decides to give a Referral Order link to pid 836, the sentence will be made that day. If the Magistrates think the offence(s) are so serious that a period of Custody (prison) is deserved, they will put the case off for the Youth Offending Service to prepare reports about the young person so that they can decide what sentence to give.
If a young person pleading guilty has previous convictions, they are not subject to the above rules. This means that the Court has all of the sentencing option open to them. (How far up the sentencing options the Magistrates can go is dependent on the seriousness of the offence(s).)
If the Magistrates feel they can deal with the matter that day, there are several things they can do, including a Conditional Discharge, or a fine, or an Attendance Centre Order. If they feel that a Reparation Order link to pid 177 or Action Plan Order link to pid 172 is more appropriate, they can ask the member of the Youth Offending Service in court to provide a 'Stand Down' report. This means that he or she will interview the young person at court, and prepare a report on them there and then allowing the Magistrates to sentence.
If the Magistrates want any other disposal, they will have to put the matter off for two or three weeks for a full Pre Sentence report to be prepared. This will be done by the Youth Offending Service, and will require the young person to attend interviews so that the report can be prepared in time for the next occasion in court.
What happens if I plead Not Guilty to an offence?
In this case, the Defence and the Prosecution will probably ask for the case to be adjourned for a Pre Trial Review. This is simply a meeting between the two parties so that they can decide who they want to appear as witnesses at a trial. Usually they do not need the young person to attend court for these, but sometimes they do! So a young person should make sure that they know whether or not they are required for the next occasion.
At the actual Pre Trial Review, the Clerk of the Court will set a date for the trial. The Defence solicitor will then send a letter to the young person and their parents telling them when they have to come back to court.
On the day of the Trial the defence witnesses will be kept separate from the Prosecution Witnesses, and those who have been in court to give their evidence will not be allowed to talk to the people who have not yet done this. This is so that the next witnesses cannot be warned about what is asked in the Court, as this would prejudice their evidence.
Everyone who gives evidence at a Trial will be asked to promise on The Bible that they will tell the truth, the whole truth, and nothing but the truth. If people do not wish to promise in this way, perhaps they are not particularly religious, they can affirm that they will tell the truth. For people of other faiths, there is the opportunity to promise in the manner that their faith allows (for example, people of the Muslim faith can promise on the Holy Koran).
The Prosecution will start the trial by telling the Magistrates what the Police say happened during the offence. They will question the Witness that they are dealing with at the time, and then the Defence will ask the questions that they want answered. Once this is done, the Magistrates may also have questions to ask.
Once all of the Prosecution case has been laid, the Defence will start their case by calling their list of witnesses. The process above will be gone through again, but this time the defence gets to start first.
When all of this process has been gone through, the Magistrates will leave the Court to discuss all of the evidence that they have heard and to decide whether or not the young person is guilty. If they are found guilty, then the process described above for people who have previous convictions will be followed. (People who are found guilty are not subject to the rules about Referral Orders etc).
For more information or if you have any enquiries, please contact
youthoffendingservice@hounslow.gov.uk
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Reparation orders - Social Services(Youth Offending)
The aims of a Reparation Order are to prevent you from further offending, by helping you to understand the effects of crime on the victim and to make amends.
It will involve work not exceeding a total of 24 hours, within a three months period from the making of the Order.
A member of the Youth Offending Team will arrange to meet you in order to explain the details of the programme.
You may be asked to: Attend some group sessions to hear the effect that crime can have on victims and the community. Write a letter to apologise. Meet the victim, if he or she wishes, so that you can apologise in person. Carry out some practical work for the victim or the community.
Frequently Asked Questions
What are the rules?
You must keep all the appointments given to you by the Youth Offending Team Officer. Tell your Officer if you change address. Allow your Officer to see you at home when required. Do the things that are set for you in your Reparation Plan Programme. What happens if I do not keep to the rules? Your Officer will ask you for an explanation, they will decide if your reason is acceptable or not. If you fail to keep more than two appointments without an acceptable reason, you will be taken back to Court. But what if I have problems with the Programme?
We want your Reparation Plan Order to succeed. If you have any problems with attendance or other problems in completing the Order let your Officer know as soon as possible.
What happens if I do not co-operate?
If you do not co-operate with the Reparation Order, you will be returned to the Court.
The Court may:
- Tell you to complete the Order. Fine you up to £1,000.
- Impose an Attendance Centre Order.
- Discharge the Order and sentence you in a different way for the original Offence.
If your Reparation Order was made in the Crown Court, you may be committed back to the Crown Court for re-sentence.
A Reparation Order is a sentence of the Court, which will be supervised by a member of the Youth Offending Team.
For more information or if you have any enquiries, please contact
youthoffendingservice@hounslow.gov.uk
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Supervision orders - Social Services(Youth Offending)
A Supervision Order is a sentence which requires you to be supervised by a member of the Youth Offending Team. Once the order has been made your co-operation and the support of your family are essential if it is to be of use to you.
The purpose of Supervision is to help you to do what is necessary to stop offending and to protect the public from harm. You will also be expected to consider the effect the crime has on its victims and make amends for your behaviour.
Frequently Asked Questions
What will I have to do?
The order can be made for up to 3 years. If you make good progress, you or your Supervising Officer can ask the Court to end the Order early. The court is unlikely to agree to this unless you have completed at least half the sentence satisfactorily, and provided you have not committed another offence.
Your Order will be organised by your Supervising Officer according to standards required by the Home Office. S/He has a duty to encourage you to work on those areas that are linked to your offending. If this is going to make any difference, you will need to talk openly with your Officer about yourself.
You and your parents, where possible, will be asked to review this plan with your Supervising Officer every three months. You and your parents where appropriate have a right to a copy of the plan.
What are the rules?
To comply with your Supervision Order you must:
Notify any change of address. Attend when required. Arrive on time for appointments. Comply with any reasonable directions. Comply with any additional requirements included in your Order.
You should also note that, for the duration of the Order, the following behaviour is prohibited on Youth Offending Team premises, or when Youth Offending Team staff (or persons operating under their direction) accompany you:
Attending while under the influence of alcohol or drugs, thereby being unable to participate properly in supervision. Fighting, violent or aggressive behaviour or threats of violence. Other conduct or language that might reasonably give serious offence to Youth Offending Team staff, other persons under supervision or members of the public. Other wilful or persistent non co-operation or behaviour, designed to prevent progress of your or others orders.
What if I have breached my order?
At the time of sentence, the Court may have added further requirements. Your Supervising Officer must take you back to Court. If the Court considers that you have 'breached' your Order, it may:
Revoke the Order and pass another sentence, which could include custody. Tell you to complete the Order, but punish you by imposing either a fine of up to £1,000, an Attendance Centre Order or Curfew Order.
The Supervision Order is a sentence of the Court which aims to make demands on the offender and protect the public from harm. We will work with you to find new ways of dealing with situations so that you do not offend again.
For more information or if you have any enquiries, please contact
youthoffendingservice@hounslow.gov.uk
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Probation orders - Social Services(Youth Offending)
A Community Rehabilitation Order was previously a Probation Order and it is a Court Order, which is made to help you to avoid further offending. It can last up to three years.
This Order is supervised by a Youth Offending Team worker who is there to advise, assist and encourage you, and to help to prevent you re-offending. It means that you will be given:
Help in keeping out of further trouble with the Police Advice in areas in which you may be having problems, e.g. at home, school/college or work, or with other people or with drugs Support from your Youth Offending Team worker who is there to see you regularly and listen to what you have to say
A detailed plan for what is going to be done during your Order will be agreed with you and your parents/carers within the first week. This is called a Supervision Plan. The Plan will be reviewed every three months.
Frequently Asked Questions
Under a Community Rehabilitation Order you will have to:
Keep your appointments with your Youth Offending Team worker which will be once a week for the first three months. These appointments will usually be at the Youth Offending Team Office or at your home Work with them to look at why you offend and ways in which you can change your behaviour Carry out any other things you have agreed to do Act responsibly whilst on supervision in your community and when attending for appointments Keep to any additional requirements that have been agreed in your Supervision Plan
Other conditions may be attached to your Order. These will be explained to you separately by your YOT worker
Who will know I am on this Order?
Under the Community Rehabilitation Order there will be times when your Youth Offending Team worker will visit you at home and discuss your progress with your parents/carers.
It may also be helpful to talk to your school, youth club, or employer. You will be asked what you think about this before it happens.
What can go wrong?
If you do not co-operate with your Youth Offending Team worker you will be taken back to Court for being in breach of the Community Rehabilitation Order.
If the breach is proved, the Court may then deal with you in some other way, such as:
Giving you another chance under supervision on the Order Making an Attendance Centre Order Imposing a fine wither on you or your parents (depending on your age) Re-sentence you for the original offence What if I do well?
When this happens, your Youth Offending Team worker will contact the Court and ask for the Order to be ended early. This cannot happen until at least half of the Community Rehabilitation Order has been successfully completed.
To do this, you will go back to Court with a report from your Youth Offending Team worker saying how well you have done.
For more information or if you have any enquiries, please contact –
youthoffendingservice@hounslow.gov.uk
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Tel No. 020 8583 6363
Fax No. 020 847 9418
Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Referral orders - Social Services(Youth Offending)
Since April 2002 a Referral Order has been available to the courts, changing the way in which first time young offenders are dealt with. Referral Orders will be given to most 10 to 17-year olds pleading guilty and being convicted for the first time in Court.
Those served with a Referral Order must attend a 'Youth Offender Panel' to decide the correct course of action for their offence/s.
Frequently Asked Questions
What exactly are Youth Offender Panels?
Youth Offender Panels are meeting where the victims and offenders can be brought together face to face. Meetings are staged in a controlled environment, with members of the Youth Offending Team and Community Panel members acting as a neutral party between those involved in the offence. The offence is discussed, and suitable remedies for the situation are decided upon. A contract is then drawn up to address the issues. Failure to comply with the details of the contract may result in the case going before the courts for further disciplinary action.
Why use a Youth Offender Panel?
Referral Orders adhere to the 'restorative justice' model of responsibility, restoration and re-integration. The aim is to make offenders take responsibility and make amends for the consequences of their offending. This can lead to the offenders making restoration to the victim or wider community.
Who are the Youth Offending Team members?
They are professional workers, trained to work with young offenders and help them to comply with the orders given to them by the courts. They can also help offenders with problems that may lead to offending, and put in place interventions to prevent people from re-offending.
Who are the panel members?
They are members of the community where you live. They have been trained to sit as Panel members, however work on a voluntary (unpaid) basis. Prior to the meeting they may have read a report on you detailing the offence and general facts about your background.
Working with the victim
Restorative justice gives the victims of the offence a part in the process, the victim may ask questions, receive an explanation, an apology and/or discuss how the offender can make practical reparation for any distress and inconvenience they may have caused.
For more information or if you have any enquiries, please contact
youthoffendingservice@hounslow.gov.uk
Tel. No. 020 8583 6363
Fax No. 020 847 9418Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW
Tel. No. 020 8583 6363
Fax No. 020 847 9418Hounslow Youth Offending Service, Redlees Centre, Worton Road, Isleworth, TW7 6DW