At court if you have pleaded guilty or been found guilty of the offence(s) that you have been charged with, the Court can choose to make an Order against you, following an assessment by your YOT Worker, a written or verbal report is made to the Court. Here are some questions you may have about receiving a Court Order.
What is a Court Order for?
The purpose of any Order is:
- To stop more offending
- To include family and friends in working towards this aim
- For young people to hear how those harmed by the offence feel and help put right some of the harm done
What will I have to do?
Most involve being supervised by a member of the YOT. This person will offer advice and support for the duration of the order. When you first meet with your YOT Officer they will go through your Supervision Plan. The aim is to set targets to help you, in relation to:
- Education
- Employment
- Health
- How to spend your leisure time
- Managing money
- Reparation to victims
- To stop more offending
You are required to meet with your supervisor at regular intervals and you may also be required to undertake what are known as 'specified activities' to help you to stop offending. The Court can add (attach) a number of extra conditions to the order.
Will I miss School or Work?
No. If you are in education or work then all activities will take place outside of school hours.
What Are My Rights?
You can be expected to be treated fairly by all YOT staff and have all parts of YOT work properly explained to you.
What if I don't Turn Up or refuse to take part?
You must carry out an agreed programme unless you have a good reason not to - for example, through illness, a medical condition or some other serious life event. If you refuse to take part or don't turn up for any part of the programme, you will be taken back to court and may be re-sentenced. Breach of an order is a criminal offence for which a person can be arrested. If you find the programme too hard you should discuss this with your Youth Offending Team Supervisor.
What if I Keep To The Programme?
In the event of good progress being made on some types of orders, an application can be made to the court for the order to finish early.
Will I have a Criminal Record?
Yes - Depending on what type of Order, you will be expected to tell employers about your conviction for some time. The YOT or your solicitor can offer more specific advice about this.
Ground Rules For All Court Orders
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Anti Social Behaviour Order (ASBO):
Not supervised by the YOT. applied for by the police or local authority against a person (aged 10yrs or over) who acts in an anti-social manner - that is, a manner which causes harassment, alarm or distress to other people in a different household than their own.
How Long Will It Last?
At least two years.
What Does It Involve?
The order will list the restrictions and/or bans including any relevant times or places - like to stay away from certain areas (certain streets or addresses; shops or areas; clubs, parks etc) or from certain individuals (usually the victim of the bad behaviour such as a neighbour, shopkeeper, public officials). It may also order them not to behave in certain anti-social ways towards individuals and/or the local community.
The information about you will help your YOT Worker to put together a programme. This programme of work is called an intervention. The next time you meet your YOT worker they will have written a programme plan for you. This plan needs to be agreed by you and your YOT worker after both of you have talked about it - though there may be some areas that the YOT worker insists must be included. This means that there are a number of things that you have agreed to do while you are on a Court Order. |
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Reprimand:
Can only be given once by the Police when you are arrested and admit to your first offence (if its not serious). The YOT is then informed and may offer the Reprimand Support Scheme.
Reprimand Support Scheme
The YOT does not work with all people receiving reprimands, but we offer free help on a voluntary basis if it seems to be needed.
How can the YOT help you?
We can give you advice on the Criminal Justice System, Drugs, alcohols, other health issues, leisure, school holiday services and access to other support services to help your family.
Does Anyone Else have to Know?
No this work is confidential, but you may need to give permission if other people / agencies are to get involved.
Will I have a Police Record?
A record of the Reprimand will be kept by the Police until you are 18 years old, or five years after it is given whichever is the greater. This will help them decide what action to take if you offend again. You will not have a criminal record and do not have to tell employers or others about the offence.
Part of the programme may be reparation. Reparation is showing that you want to make up for the hassle caused. Your YOT worker will talk to you about your offence, the victim and how you feel before deciding what sort of reparation will be included as part of your programme. |
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Final Warning:
Given by the Police after you are arrested and admit to your first offence (if it is more serious) or your second offence (if its not serious). It is the last opportunity for you to stop offending before being taken to Court. The YOT is informed and will contact you to arrange an Assessment and Programme of work (usually before the Final Warning is given!)
Final Warning Assessment & Programme
The YOT works with all people receiving Final Warnings, we offer free help on a voluntary basis as it seems to be needed.
How can the YOT help you?
We can give you advice on the Criminal Justice System, Drugs, alcohols, other health issues, leisure, school holiday services and access to other support services to help your family.
The Assessment itself will help you to understand:
- What the effects of your offence have been for the victim, you and your family and others
- How you can help to put things right
- What you need to do to stop offending
- How to spend your leisure time
- How other people including your carers / important others - can help you
The Programme will normally include support, activities and advice as arranged by the YOT.
Does Anyone Else have to Know?
No this work is confidential, but you may need to give permission if other people / agencies are to get involved.
Will I have a Police Record?
A record of the Final Warning will be kept by the Police until you are 18 years old, or five years after it is given whichever is the greater. This will help them decide what action to take but if you offend again within two years the Police will know you must go to Court and your punishment there will reflect the number and seriousness of your offences. You will not have a criminal record and do not have to tell employers or others about the offence.
Do I have to accept a Final Warning Assessment & Programme?
No - But if you go to Court at a later date it will be informed that you refused voluntary support. |
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TYPES OF COURT ORDERS
Absolute Discharge:
Given when there is a conviction but the Court does not require you to do anything (seldom given) |
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Conditional Discharge:
The Magistrates may choose not to sentence, but to 'discharge' the matter on the 'condition' that you do not re-offend during a set period of time (usually 6 months - 2 years). If you do re-offend you may be dealt with for this matter as well as the new offence. Please note that if you have had a previous Final Warning then the Court will only be able to sentence you to a Conditional Discharge in exceptional circumstances. |
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Financial Penalties Including Compensation Order:
The Court will take your financial situation into account. You should therefore be ready to give details of your income to your solicitor or to the Court. Unless a young person is aged 16+ and has his/her own income, the responsibility for payment of such penalties will fall to parents / guardians. Your YOT worker may monitor your payments, but is not responsible for enforcing payment |
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Parental Bind over:
This requires parents to agree to exercise 'proper control' over their children for a fixed period of time. Failure to do so could result in a financial penalty. The YOT is not responsible for enforcing these court orders, but will usually offer help to parents whether on these orders or not. |
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Parenting Order:
Requires the Parent(s) or Guardians of offenders to undertake some work to address issues relating to the upbringing of their children. The YOT can be ordered to take these orders and we offer both groupwork and individual support to Parents.
What Is A Parenting Order?
This is an order made by the court to make parent(s) take responsibility for the behaviour of their child. The order consists of two parts;
The parent is required to attend counselling or guidance sessions (no more than once a week).
The parent is required to exercise control over their child's behaviour - for example to ensure school attendance.
How does the Court Decide to Issue a Parenting Order?
In all civil and criminal court proceedings involving young people as a result of their behaviour (anti-social, criminal or school non-attendance), the Court has to consider making a Parenting Order.
To assist the Court, an assessment of the family will be undertaken to determine the level of support needed for the family and the effect a Parenting Order may have. The assessment is carried out to assist the Court in making this decision.
A Parenting Order can be made without a parent or guardian being present in court. However it is best if parent/carers are there to express their views in person.
What Happens When A Parenting Order is Made?
When a Parenting Order has been made the Court will appoint a Responsible Officer. The Responsible Officer will be either a YOT worker or a worker from another agency, such as Social Services. It is the role of the Responsible Officer to ensure the parent(s) comply with the conditions of the Parenting Order.
Is a Parenting Order Compulsory?
Yes. But there is a right to appeal against the Order in a Crown Court or Court of Appeal depending on where the Order was imposed. (A Solicitor will be able to advise on this)
What if the Conditions of the Order are not kept?
The Responsible Officer will send a written warning. If there are no genuine reasons for not complying, a written warning may result in a breach of the Order and a return to Court. Following a written warning a review meeting will take place to help the parent(s) keep to the order.
If these procedures are not effective the parent(s) will be taken back to court.
The court can fine parent(s) up to £1000 or re-sentence them.
What is a Parenting Contract?
This is a voluntary written agreement worked out between parents/carers and the YOT. It is a written record of what the YOT and the parents/carers have agreed to do to improve the behaviour of their child. The Contract will include all support arrangements that have been agreed.
There may be times when voluntary co-operation cannot be achieved. On these occasions, in order to work in the best interest of the young person a Parenting Order will be made by the Court.
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Referral Order:
If you are aged 10-17, plead guilty and have not been convicted before - you must receive a Referral Order unless the matter is so serious that you go to custody or so minor that it is discharged.
This means must attend a Panel Meetings to agree a Contract of what you will do during the Referral Order.
How Long Is A Referral Order?
Can be between 3 to 12 months - decided by the Court according to the seriousness of the offence.
Who Attends Panel Meetings?
- You
- Your parents/guardians and other adults with positive influence
- Two panel members
- An advisor from the Youth Offending Team
- Those harmed by the offence may also come to the meeting with someone to support him or her
Who Are Panel Members?
Panel members are trained volunteers from South Gloucestershire.
How Else Is It Different?
If you successfully complete the Contract agreed at Panel, your conviction will be "spent" and will not need to be declared. However if you re-offend in the future both the police and the Courts will be aware of previous offences. |
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Reparation Order:
How Long Will It Last?
A Reparation Order must be completed within three months.
What Does It Involve?
Basically it involves a young person who has committed a crime putting right the harm or damage they've done. A member of staff from the Youth Offending Team will contact you to put together a suitable programme of reparation for you to complete this can include things like:
- Making an apology to the victim of the crime, either by letter, by video, or in person
- Doing some work for the victim, for example, repairing any damage that has been done
- Doing something to help or benefit the community
- Attending a meeting with other people affected by the offence
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Attendance Centre Order:
Supervised by the Attendance Centre.
How Long Will It Last?
For between 12 - 36 hours.
What Does It Involve?
Usually you will be expected to attend for two hours on alternate Saturdays until you have completed the number of hours required. Whilst at the centre, most of which are run by the Police, you will have to take part in sport / physical exercises as well as other activities. |
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Action Plan Order:
Supervised by the YOT.
How Long Will It Last?
3 months.
What Does It Involve?
Two appointments per week as arranged by the YOT. |
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Supervision Order: (for ages 10-17)
Supervised by the YOT. The Court can add a number of extra conditions.
How Long Will It Last?
The Magistrates can place you under the supervision of a worker from the Youth Offending Team for up to 3 years.
What Does It Involve?
You would have to attend a minimum of two appointments per week initially. |
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Community Rehabilitation Order: (for ages 16-17)
Supervised by the YOT - the adult equivalent of a Supervision Order and was called a Probation Order.
How Long Will It Last?
For up to 3 years.
What Does It Involve?
You have to attend appointments and the Court can add (attach) a number of extra conditions to the order. |
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Community Punishment Order: (for ages 16-17)
Supervised by the Probation Service and was called a Community Service Order.
How Long Will It Last?
For a total period of between 40 and 240 hours.
What Does It Involve?
Requires the completion of unpaid work. |
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Community Punishment and Rehabilitation Order: (for ages 16-17)
Supervised by the YOT with the Probation Service and was called a Combination Order. It combines a Community Rehabilitation Order and a Community Punishment Order.
How Long Will It Last?
Community Rehabilitation of 1 to 3 years & Community Punishment of 40 to 240 hours.
What Does It Involve?
You would have to attend regular appointments and complete unpaid work. |
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Curfew Order: (for ages 16-17)
This is a form of electronic monitoring and can be made alongside another order.
How Long Will It Last?
3 to 6 months.
What Does It Involve?
You will have to stay in your home between certain hours. Requires the constant wearing of 'tag' (plastic watch shaped) and the installing of equipment in your home which is then monitored. |
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Drug Treatment & Testing Order: (for ages 16-17)
This is used when a young person's drug use is the reason for their offending and they request treatment. It can
only be used with young people who are 16 years of age or older and the young person must agree to comply with the order before it can be made.
How Long Will It Last?
The order lasts between 6 months and 3 years. |
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Intensive Supervision and Surveillance Order (ISSP):
It is for young people who either regularly commit offences or commit very serious offences. It is aimed at helping them to stay out of trouble, stopping re-offending and keep out of custody.
How Long Will It Last?
6 months.
What Does It Involve?
During the first 3 months of supervision you must complete at least 25 hours a week on the programme. In addition a form of electronic monitoring will usually be included (often in the form of a separate Curfew Order.
You must keep out of trouble and co-operate with your YOT worker, this includes:
- Keeping to all of the conditions of your court order or DTO licence
- Being at home at set times if you are on a curfew
- Turning up on time to all arranged appointments in your timetable
- Receiving visits at home if asked
What Happens If I Break The Rules?
You will return to court straight away and may be sent to custody if you:
- Get into trouble with the police
- Leave home during your set curfew hours
- Do not keep appointments without good reason
- Receiving visits at home if asked
How Will My YOT Worker Know Where I Am?
To help your YOT worker keep track of you, you will be monitored by one or more of these:
- Tracking by members of the Youth Offending Team or the Police
- Wearing an electronic tag
- Making or receiving phone calls to confirm where you are
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Custody:
Detention & Training Orders: (ages 12 - 17)
Half of which is served in detention, the remainder in the community under the supervision of a Youth Offending Team worker. Conditions can be added to this period in the community (like with supervision orders)
How Long Will It Last?
A period of time between 4 and 24 months.
What Does It Involve?
It involves being supervised by a member of the YOT. This person will offer advice and support for the duration of the order. You are required to meet with your supervisor at regular intervals and you may also be required to undertake what are known as 'specified activities' to help you to stop offending. You would have to attend a minimum of two appointments per week initially, and the Court can add (attach) a number of extra conditions to the order.
Detention Under Sections 90-92 Powers of the Criminal Courts (Sentencing) Act 2000: (ages 12 - 17)
Half of which is served in detention, the remainder in the community under the supervision of a Youth Offending Team worker. Conditions can be added to this period in the community (like with supervision orders)
How Long Will It Last?
These detentions can only be made by the Crown Court and are used only for very serious crimes up to and including murder. The maximum penalty is the young person's equivalent of a life sentence, that is to be 'detained at Her Majesty's Pleasure'.
What Does It Involve?
It involves being supervised by either, a probation officer, the local authority or a member of the YOT. This person will offer advice and support for the duration of the order. You are required to meet with your supervisor at regular intervals and you may also be required to undertake what are known as 'specified activities' to help you to stop offending. You would have to attend a minimum of two appointments per week initially, and the Court can add (attach) a number of extra conditions to the order. |
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