ADULTS (18+) | YOUTHS | |||||||
---|---|---|---|---|---|---|---|---|
SENTENCE | Type | Test | Court | Breach | Type | Test | Court | Breach |
Discharge Can't combine with punitive measure | Absolute discharge | Reflects triviality / circumstances of offence | CC Mags' CA | N/A | CC Youth court Adult mags' | |||
Conditional discharge | Max period 3 years Only condition is non-commission of further offences | Commission of offence within 3 year period | If J receives 2 youth cautions / youth conditional cautions / mix AND convicted of another offence within 2 years of last caution, can't get. | |||||
Fine Cannot:
| Unlimited fine. Must fix term of imprisonment in default, dependant on amount - between 7 days and 10 years. Must enquire into financial circumstances, and take into account. | CC | Mags' do all enforcement for fines. O does not have means to pay Order time to pay / instalments O fails to pay Mags' issue summons to bring O back before court and may order:
N/A | U16: must order parent to pay 16 / 17: may order parent to pay | Unlimited fine No imprisonment in default | CC | N/A | |
Max 5000 (per summary / either-way offence) - no maximum aggregate | Mags' | 14-17: max 1000 U14: max 250 | Youth court Adult mags' | |||||
Bind over | To keep the peace | W, D, C Person bound over promises to pay sum if misbehaves. Court must fix period and amount of surety. | Mags' CC CA | Forfeit surety. | ||||
To come up for judgment | Need D's consent Bound over on surety | CC only | Sentence kicks in. May forfeit surety | |||||
Parental - to keep proper care of and control O | Need parent's consent, but if don't give can fine up to 1000 Can include compliance with YRO Max 3 years - ceases when turn 18 If desirable in interests of justice must make for U16 and may make for 16 / 17 | Adult mags' | Parent forfeits surety up to 1000 | |||||
Parenting order | Desirable in interests of justice to prevent further offences? May need report to decide. Requires parent to comply with requirements for 12 months. May / must if previous parenting order counselling. | Adult mags' | Fine up to 1000 N.B. commission of further offence by J breach | |||||
Reparation order Can't mix with:
| Any offence except murder. If not serious enough to justify YRO. Max 24 hours work. Court must
| CC | N/A | |||||
Referral order Can only mix with compensation orders + parenting orders. If connected offences must deal by referral order / discharge. | = referral to youth offender panel - agree contract with O aimed at tackling offending behaviour | Must make if:
May make if O pleaded G, regardless of whether has any pre-cons The order
| CC Youth court Adult mags' | N/A | ||||
Community order (adult) Youth rehabilitation order Court must specify end date max 3 years after order imposed Local arrangements must exist Must be proportionate to risk of re-offending | Unpaid work |
| CC Mags' | Breach 1 breach warning 2nd breach within 12 months lay info before mags' to bring O before court Court must do one of:
If mags' dealing with breach of order made by CC, may commit O in custody / bail to appear before CC O convicted of further offence Court may revoke and deal with O as could've been dealt with for original offence mags' can only do if made original order CC limited to powers of court that made order |
| CC Youth court | Same but get 1 more warning. Can't impose imprisonment. | |
Activity requirement |
|
| Adult mags' | N/A | ||||
Programme requirement | ||||||||
Prohibited activity requirement | must consult probation officer | |||||||
Curfew requirement + electronic tag |
| |||||||
Exclusion requirement + electronic tag |
| |||||||
Residence requirement |
|
person named must consent | ||||||
LA residence requirement |
| |||||||
Foreign travel prohibition requirement | 12 months max | |||||||
Mental health treatment requirement |
| |||||||
Drug treatment and testing requirement |
|
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