NEW DISPOSALS FOR JUVENILES
145. The Government is determined to ensure
that, when young people offend, the disposals which they receive
are aimed at making them face up to the consequences of their
actions, and at changing attitudes and behaviour. That is why
the Government proposes to give the courts a range of new community
disposals which will be designed to curtail offending behaviour
at an early stage. Punishment in the community can be an effective
way of dealing with many young offenders; such sentences play
a valuable role in preventing re-offending or reducing its effects,
and in assisting and encouraging young offenders to lead more
useful lives.
Action plan order
146. The Action Plan Order will be a new
community sentence available to the youth court and the Crown
Court for all juvenile offenders (10-17 year olds) and for any
offence, where the court considers that it will help prevent further
offending. It will be a highly focused three-month order which
will involve the young offender in an intensively supervised programme
of education and activities, and ensure that his parents are fully
involved. It is intended that each action plan order will be individually
tailored to each young offender, and will be designed to address
the specific causes of his offending. The order may, for example,
require the young offender to comply with educational arrangements;
to make reparation to the victim of his crime; to observe the
terms of a daily or weekly schedule stipulating the offender's
whereabouts and activities; or to stay away from particular places.
147. In order to ensure an effective action
plan, the court will be required, before imposing an action plan
order, to obtain and consider information about the offender's
family circumstances, and the likely effect of such an order on
those circumstances. The court will also have to consider a written
report outlining the proposed elements of the action plan, the
way in which the proposed requirements are intended to help prevent
re-offending, and the attitude of the parent or guardian to these
requirements. This report will be prepared by a member of the
Youth Offender Team. It is intended that parents should be fully
involved in delivering the action plan. The purpose of the order
is to prevent further offending by curtailing offending behaviour
at an early stage, and thereby reducing the need for expensive
custodial punishments at a later date.
Reparation order
148. Helping young people to recognise and
accept their social and personal responsibilities is at the heart
of the Government's approach to juvenile justice. Young offenders
need to be made aware of the damage that they have done, and the
distress that they have caused.
149. The Reparation Order will be a new
court disposal of one to three months in duration, and will be
available for all juveniles, and in all courts. It will help young
offenders to face up to the harm they have done, and allow courts
to impose punishments which make some amends to the victim. The
order will require the young person to make specific reparation
either to the individual or collective victim of his crime, where
the victim desires this, or to the community which he has harmed.
This reparation will be in kind, rather than financial, and might
include such activities as writing a letter of apology or apologising
to the victim in person, weeding a garden, collecting litter,
or doing other work to help the community. Courts will be required
to consider a reparation order in any case in which a compensation
order is not imposed and, if they decide not to impose a reparation
order, will be required to give reasons for this decision.
150. Before making a reparation order, the
court will be required to obtain and consider a written report
indicating the victim's views on reparation and the proposed requirements
of the order, and the type of reparation proposed and thought
suitable for the offender. Direct reparation will only be made
to the victim where he or she is content that this should happen.
This report will be prepared by a member of the Youth Offender
Team.
151. Measures such as the action plan order
and the reparation order will confront young offenders with their
behaviour and produce practical solutions for changing it, as
well as ensuring that punishment produces some worthwhile community
benefit in the form of reparation and reduced levels of offending.
Supervision Orders
152. We intend to amend supervision orders
so that courts have the power to include reparation work as one
of the order's requirements. The conditions under which the courts
can impose a residence requirement as part of a supervision order
will also be broadened to include where a young offender commits
a further offence while the subject of a supervision order with
requirements. The courts' power to re-sentence (including custody)
for the original offence if requirements of a supervision order
are breached will be extended to include all requirements, except
those as to mental treatment.
Parenting Order
153. The Government is determined that young
people take more responsibility for the consequences of their
actions. However, parents of young offenders must also recognise
their responsiblity of the actions of their children. They have
an important role to play in preventing any further offending.
154. The parenting order will be available
for the parents of:
— a juvenile who
receives a criminal penalty;
— a child of 10
and over who is made subject to a community safety order; and
— a child under
10 who is made subject to a child safety order.
The court will also be able to impose such an
order where the parents have been convicted of failing to ensure
that their children attend school.
155. The courts will be given a power to
impose a Parenting Order which will be designed to offer parents
training and help to change the offending behaviour of their children.
The order will have two elements. The first will impose a requirement
on parents to attend counselling and guidance sessions where they
would receive help in dealing with their children. This element
will last for a period not exceeding three months and should require
the parent to attend no more than one session a week. But for
those parents who wilfully neglect their responsibilities there
will be a second element. The court could impose a requirement
on the parent to exercise control over their children's behaviour.
The duration of this part of the order may last for up to twelve
months.
Child Safety Order
156. The Government believes that there
is a need to do more to intervene and prevent children becoming
involved in criminal activity, and change their behaviour before
bad habits develop. The Government is particularly concerned about
the protection of children under 10, especially those who are
out late at night unsupervised. There is a danger that these children
may well be drawn into vandalism and the criminal activities of
older children.
157. The child safety order is designed
for children under 10 who are at risk of becoming involved in
criminal behaviour, because for example:
— they are wandering
the streets unsupervised late at night; or
— playing truant
from school.
158. The order will be on a named child
and will be for a period not exceeding three months. It will place
the child under the supervision of a responsible officer from
the social services department or perhaps the local youth offender
team. The requirements of the order will be to support the child,
protect him or her from the risk of being drawn into crime and
ensure proper care and control. For example, they could require
the child to be at home at specified times, to stay away from
specified places or people or could prohibit specified conduct,
including truanting.
Local Child Curfews
159. The Government is keen to address the
problem of unsupervised young children gathered in public places
late at night who can cause misery to local communities and pick
up anti-social and criminal habits. In order to protect both young
children and their local community the Government proposes to
give powers to local councils, after consultation with local communities,
to impose local child curfews on children under 10. The local
council will, in response to an identified problem in their area,
be able to seek confirmation from the Home Secretary to make a
curfew notice for a specified area. This will allow the local
authority to impose a curfew in that area for a given number of
hours (within the parameters set by Parliament) which prevents
children under 10 from being in a public place unless they are
supervised by a responsible adult. The maximum duration of the
curfew notice will be 90 days. The authority can apply a further
extension of 90 days but only after consultation with local residents.
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