Easton & Piper: Sentencing and Punishment 2e 
DevelopmentsEaston & Piper: Sentencing and Punishment 2e
Chapter 13
13.1.1 Civil orders
As we noted on p 420, the Criminal Justice and Immigration Act s124 will require a court to consider making an individual support order in all cases where an ASBO is made in respect of a child or young person. Section 125 will extend the list of local authorities in England which may enter into a parenting contract or apply for a parenting order. However neither of these provisions is yet in force (at 15 December 2008).
13.1.2. Referral Orders pp 424-6
As we noted on p 426, the Criminal Justice and Immigration Act 2008 s35 will widen the use of referral orders but that provision is not yet in force (at 15 December 2008).
13.2.2 Community Orders pp 429-432
Youth rehabilitation orders are not yet in force (at 15 December 2008).
13.3.3 Conditions in detention pp.437-443
On p441 we noted that the report of the review of the use of restraints would be delayed until June. In June government minister Beverley Hughes said that the report had been completed but would not be published until the autumn after the government had formulated its response. The report was eventually published on 15 December 2008:
Smallridge, P. and Williamson, A. (2008) Independent Review of Restraint in Juvenile Secure Settings @ www.justice.gov.uk/docs/restraint-review.pdf
For Young Offender Institutions the review summarizes its recommendations at p 9.
1. The Prison Service must provide staff with safe restraint techniques which are designed specifically for young people and which do not rely on pain-compliance. As a matter of priority it should reintroduce properly resourced and managed pilots of Adapted C&R into YOIs. [Paragraph 8.33]
2. The Government should remove the nose control technique in C&R. Its continued use is inconsistent with the removal of the identical nose distraction technique in PCC. [8.7]
3. Batons should not be routinely deployed in the young person's estate. [8.39]
4. The Prison Service should ensure that it has adequate arrangements in place for regular central oversight and analysis of the use of force and reporting of injuries in YOIs. [8.21]
5. The Prison Service should adopt Therapeutic Crisis Intervention or a similar effective behaviour management approach in all YOIs. [13.14]
6. Staff responsible for training and co-ordinating use of force in YOIs should be brought within the management responsibilities of the Safeguard Manager. [8.38]
7. The Prison Service should make an enhanced Juvenile Awareness Staff Programme mandatory for all those working with young people. [17.11]
8. YOIs should be designated a specialist system within the Prison Service with their management a discrete specialism. Career opportunities should be created for managers and staff which reward their expertise in working with young people. [13.34]
However, the authors concluded that "a degree of pain compliance may be necessary in exceptional circumstances" in secure training centres (at p 7).
The government's response to the Review can be found at: www.justice.gov.uk/docs/govt-response-restraint-review.pdf
The Government's Response to the Report by Peter Smallridge and Andrew Williamson of a Review of the Use of Restraint in Juvenile Secure Settings,
Presented to Parliament by the Lord Chancellor and Secretary of State for Justice and the Secretary of State for Children, Schools and Families by Command of Her Majesty December 2008, Cm 7501, London: The Stationery Office.
The government accepts or partially accepts most recommendations, notably that the Government should permanently remove nose distraction and the double basket hold from the techniques currently used' in Secure Training Centres but, in relation to YOIs the response is that it 'is looking to replace the nose control technique with a safer alternative within the next six months' and the result of acceptance of the recommendations, however, is that privately run units can continue to use pain-inflicting techniques to restrain young offenders in their care 'in exceptional circumstances' and this has led to criticism.
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