« Home

Home / Criminology & Criminal Justice » Law » Criminal Justice & Sentencing » Easton & Piper: Sentencing and Punishment 2e » Resources » Guidance for end-of-chapter questions » Chapter 13

Easton & Piper: Sentencing and Punishment 2e

Chapter 13

Case Study

Below we reproduce the case study given at the end of Chapter 13 but which covers material in Chapter 8 as well as Chapter 13.

Jay, aged 13, and his cousin Kate, aged 17, were arrested whilst in a video warehouse, which they had entered by prising open a small window. They were taken to the local police station where, in the presence of a solicitor and an appropriate adult, Jay confessed to burglary. Jay had been reprimanded the previous year.

You are asked to explain to Jay, as his solicitor:

1. what decision the police are likely to make about him.

2. what would happen if the police decided to give him a warning.

Jay has been reprimanded once already: he cannot be reprimanded again. The options open to the police are to take no further action, to give Jay a warning or to pass the case to the Crown Prosecution Service with a recommendation that Jay be prosecuted. Given that the offence is burglary the first option is unlikely, and because Jay is only 13 and this is not particularly serious offence of burglary, there is no reason why the presumed option of a warning should not be followed.

The warning may be given at a restorative conference (see Chapter 6) and will lead to referral to a Youth Offending Team for assessment as to whether a programme of preventative intervention should be specified for Jay.

Then, the story continues:

Kate was found to have stolen and hidden a quantity of videos before the arrival of the police. Kate, who had been warned for an offence a year previously, was prosecuted for the offence of burglary of commercial premises (Theft Act 1968 section 9) for which the maximum penalty is 10 years. She decided to plead guilty.

You are then asked to explain to Kate:

3. what options are open to the Youth Court and which option they are most likely to choose.

4. whether the options would be different if she had committed burglary of a residential property (for which the maximum penalty is 14 years).

Kate has not been prosecuted before so this is her first appearance at the Youth Court. Because Kate has no previous convictions and she has pleaded guilty, Kate will be given a referral order. The length will be specified and must be between 3 and 12 months. The only consideration which may be relevant here is if the offence is so serious that the Youth Court believes it must impose a custodial sentence (or decline jurisdiction and refer the case to the Crown Court). This is unlikely in relation to the facts of the first scenario but a slight possibility in relation to burglary of a dwelling which is considered more serious.

For a referral order you would need to explain the process of referral to the Youth Offender Panel, what would happen there and what would be the outcome if Kate did not cooperate. If you consider the facts of the domestic burglary justify a custodial order (or transfer to the Crown Court) then you would need to summarize current legislation and case law on sentences of detention for minors (see below).

See the Powers of Criminal Courts Act 2000 sections 16-18. For links to guidance issued by the Home Office, Lord Chancellor's Department and YJB (2002 with a supplement in August 2003) to courts, YOTs and YOPs and also for a link to a recent Consultation Document, see: http://www.yjb.gov.uk/en-gb/practitioners/CourtsAndOrders/Disposals/ReferralOrder/

You might also wish to consider whether you answer would be different if the changes to be made by ss 35-37 of the Criminal Justice and Immigration Act 2008 were in force.

Then, re-winding the story:
Assume that Jay and Kate confess to having jointly committed the offence of having possession of a Class B drug with intent to supply (Misuse of Drugs Act 1971 section 5(3) - for which the maximum penalty is 14 years imprisonment). The Youth Court decides that a custodial sentence is the only appropriate sentence for both of them.

5. Explain to Jay and Kate how and where might such a sentence be imposed and on what criteria? (Jay is still 13 and Kate is still 17.)

The criteria for the imposition of a detention and training order - the 'normal' custodial order for minors - are to be found in section 100 of the Powers of Criminal Courts Sentencing Act (PCCSA) 2000 (subject to the general restrictions on imposing a custodial sentence to be found in the Criminal Justice Act 2003 sections 152-153). You will need to apply both these sets of criteria to the facts of the case, bearing in mind the additional criterion in relation to Jay (persistent offender: section 100(2)(a)). You would then decide on sentence length (up to 24 months).

You should also note that the maximum penalty for the relevant offence is 14 years which means that the 'grave crimes' provision (now in the PCCSA 2000 section 91) is available to the Crown Court, providing the other criteria in that section are met. To use this you would need to establish whether no other disposal was suitable. You would also need to consider the relevance of recent case law (for example, the Thetford and Medway cases) in relation to minors under 15 years of age and the length of sentence.