Courts to consider young offenders’ backgrounds when sentencing
Written by News on 07/03/2017
Young offenders’ home lives are to be examined in greater detail during sentencing, taking in factors such as criminal behaviour within the family and experiences of trauma or loss.
New guidelines, to be introduced in England and Wales on 1 June, will emphasise the need to avoid criminalising under-18s unnecessarily.
The Sentencing Council says offending by a young person is "often a phase" which "passes fairly rapidly", and that a custodial sentence should be viewed as a "last resort".
Certain factors that are regularly present in the background of youngsters who come before the courts include deprived homes and poor parental employment records, the guidance says.
The youngsters may also have been exposed to drug or alcohol abuse.
In addition to mitigation, "aggravating" factors will also be taken into account when offenders aged from 10 to 17 are sentenced.
For the first time, these will include the deliberate humiliation of a victim when an offence is filmed and the intention is to post it on social media.
Chairman of the Sentencing Council, Lord Treacy, said: "Our guideline on the sentencing of children and young people has the prevention of reoffending at its heart.
"No one wants children who commit offences going on to become adult criminals.
"The guideline therefore looks with far greater detail at what kind of sentence would prevent this based on the age, background and circumstances of each child or young person, so that it can help them reintegrate instead of becoming alienated further."
The Council has also published specific guidance for courts dealing with youngsters who have been convicted of sexual offences and robbery.
On sex crimes, it says: "Offending can arise through inappropriate sexual experimentation; gang or peer group pressure to engage in sexual activity; or a lack of understanding regarding consent, exploitation, coercion and appropriate sexual behaviour."
More than a third (37.9%) of young people commit a new offence within a year of being released from custody.
The Government is planning to introduce "secure schools" as part of a number of measures intended to reduce re-offending rates.
(c) Sky News 2017: Courts to consider young offenders’ backgrounds when sentencing
