GENERAL ADULT SENTENCING

ABSOLUTE DISCHARGE This is the lowest sentencing that can be imposed and means you will not actually be punished for the offence, although you will have a conviction on your permanent record.

CONDITIONAL DISCHARGE This sentencing can be imposed for a maximum of 3 years and means you are not immediately punished for the offence, but if you commit any new offences during the currency of the order you will be more severely punished and will be re-sentenced for the original offence and may receive higher sentencing.

FINE This is a financial penalty sentencing which will be calculated in accordance with your means and in accordance with the serious nature of the offence you face.

COMMUNITY ORDERS This type of sentencing includes;

  • Supervision
  • Unpaid work (old-fashioned community service) between 40-240 hours
  • Attendance Centre.
  • Curfew.
  • Drug Rehabilitation Requirement.
  • Residence
  • Prohibited Activity requirement
  • Specified Activity Requirement.
  • Exclusion Requirement.
  • Programme Requirement.
  • Alcohol Treatment Requirement.
  • Mental Health Treatment Requirement.
  • Imprisonment
  • Suspended Imprisonment
  • Extended Sentences
  • Imprisonment for Public Protection (IPP)

ANCILLARY ORDERS This type of sentencing includes;

  • Restraining Orders
  • Anti-Social Behaviour Orders
  • Compensation order
  • Costs
  • Victims Surcharge
  • License Endorsement (Penalty Points)
  • License Endorsement (Disqualification)

YOUTH SENTENCING

 

REFERRAL ORDER Unless your first offence was very serious (grave offence) like murder or rape, the court should give you a referral order sentencing for up to 12 months. The sentencing means you will be referred to a youth offending panel who will do some work with you in an attempt to divert you away from the criminal justice system, making sure you do not get yourself into any further trouble.

ABSOLUTE DISCHARGE This sentencing means that you receive no actual punishment for the offence, but a conviction is still recorded against you. This is the lowest sentencing penalty that could be imposed and is usually reserved for first offences and/or minor offence.

CONDITIONAL DISCHARGE This sentencing can be imposed for a maximum of 3 years and means you are not punished for the offence BUT if you commit any further offences during the currency of the conditional discharge not only will you be treated more harshly with sentencing for the new offence but the court can also revoke the conditional discharge and resentence you to any way they could have in the first place, which may mean a more serious sentencing.

FINE This sentencing is unusual as the order would usually need to be paid by the Parent or Guardian and as such the punishment is served on the wrong person.

But if this sentencing is considered appropriate, the court will decide the amount of the fine depending on the seriousness of the offence and your means.

Time may be allowed for payment for the sentencing but you should expect to be required to make the payment immediately.

PARENTING ORDER This sentencing is aimed at improving the parenting skills of the young offenders parent or guardian. This sentencing order requires the parents/guardians to attend parenting guidance sessions supervised by a probation officer for a period of up to 12 months.

REPARATION ORDER The young offender can directly repair the wrong that has been done as a result of their criminal behaviour through this sentencing. This sentencing can be done directly to the victim or generally to the community as a whole.

YOUTH COMMUNITY ORDER This sentencing includes;

  • Drug Treatment and Testing Order
  • Supervision
  • Curfew

DETENTION AND TRAINING ORDER This sentencing is available for 12-17 year olds.  If you are aged 12-14 you cannot receive a DTO unless you are a persistent offender.

With this sentencing, you will be detained in a detention facility for half of the sentencing and then you will be released into the care of the Youth Offending Team who will supervise you for the rest of your sentence.  The length of the sentence is from 4 months to 2 years.

EXTENDED SENTENCING OF DETENTION/DETENTION FOR PUBLIC PROTECTION This sentencing is for those young offenders who are considered as dangerous and they need to be imprisoned for longer than usual in order to protect the public from serious harm.

DETENTION AT HER MAJESTY’S PLEASURE This sentencing is reserved for the most serious offence of murder.  The starting point for determining the minimum sentence where for under 18s is 12 years and 15 years for those over the age of 18.