8.3.6 Crown Court Cases |
Contents
- Introduction
- Legislation
- Section 90
- Section 91
- Indeterminate Sentence for Public Protection
- Extended Sentences
- Jurisdiction and Trial and Sentence
- Placement Arrangements – Pre and Post Sentence
- Victim Liaison
- The Custodial Phase
- Placement Transfers
- Release and Early Release Arrangements
- Community Supervision
- Enforcement
1. Introduction
| 1.1 | This document details local practice arrangements for the management of those cases committed to crown courts and liable to long term custodial sentences for grave crimes. It should be read in conjunction with the following
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| 1.2 | Paragraphs marked ‘NS’ indicate a requirement under current National Standards (April 2000). |
2. Legislation
| 2.1 | For certain serious offences, often referred to as grave crimes, the crown court may impose longer periods of detention than are available through the Detention and Training Order, up to the maximum that would be available in the case of an adult defendant. |
| 2.2 | The statutory provisions governing the long term sentences are contained in
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3. Section 90
| 3.1 | Section 90 requires that young people convicted of murder are tried in the Crown Court and sentenced to be detained ‘during her Majesty’s pleasure’. This is an indeterminate order which is functionally equivalent to the mandatory life sentence in the case of an adult. |
| 3.2 | The relevant age is that at the time that the offence was committed, so where the offender was a child or young person at the time of the offence, the mandatory sentence will be an order under Section 90 even if the he/she has attained the age of 18 prior to trial or conviction |
| 3.3 | Administratively the sentence has two parts:
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4. Section 91
| 4.1 | Section 91 provides for long terms of detention for other ‘grave crimes’ up to the maximum available in the case of an adult. |
| 4.2 | In the case of a young person aged 10-17 the offences to which the provisions apply are;
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| 4.3 | Additionally in the case of a young person aged 14-17 years the following offences would apply
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| 4.4 | For 16 and 17 year olds certain firearms offences would also merit a section 91 sentence. The minimum penalty would be three years detention unless there are exceptional circumstances which justify an alternative sentence. The relevant offences are;
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5. Indeterminate Sentence for Public Protection
| 5.1 | An Indeterminate Sentence for Public Protection is available where a young person is convicted of a serious violent or sexual offence (defined as one which carries a maximum sentence of ten years). |
| 5.2 | Where the court is of the opinion ‘that there is a significant risk to members of the public of serious harm occasioned by the commission of further serious offences’ then the following provisions apply
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| 5.3 | The sentence can last beyond the maximum sentence that would otherwise be available. The court sets a minimum tariff to be served after which release is dependant on the recommendations of the Parole Board. Home Detention Curfew (HDC) is not available. |
| 5.4 | The young person remains on licence for life unless, after a minimum qualifying period of 10 years, the Parole Board direct the Secretary of State to order that the licence should cease to have effect. |
6. Extended Sentences
| 6.1 | An extended sentence is available where;
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| 6.2 | If these three conditions are satisfied the court must impose an extended sentence of detention which consists of two parts;
The aggregate of the two parts must not exceed the maximum Custodial Sentence available for the particular offence. |
| 6.3 | Release into the community is at the discretion of the Parole Board and can be at any time between the halfway point of the custodial period and the custodial end date. HDC is not available as an early release option |
7. Jurisdiction and Trial and Sentence
| 7.1 | In cases involving offences caught within the scope of sections 90-91 it is the responsibility of the prosecution and the clerk to the justices to alert the youth court to the possibility that the grave crimes provision may apply. The question of jurisdiction depends on the nature of the offences before the court. |
| 7.2 | In the case of murder, other offences of homicide (for example manslaughter, attempted murder, infanticide and genocide) and firearm offences for which minimum sentences apply, the case must be committed to the crown court. |
| 7.3 | For all other offences to which Section 91 applies the court must determine whether to refuse jurisdiction and commit to the crown court for trial. The test for determining jurisdiction is whether there is a ‘real possibility’ that a sentence of more than two years in custody is appropriate, irrespective of the powers of the lower court. |
| 7.4 | In all cases involving a specified offence (violent or sexual offences carrying a sentence of two years or more) the youth court must consider, at the point of jurisdiction, whether the criteria for an extended sentence or an indeterminate sentence for public protection are likely to be met in the event of a conviction. Where it appears to the court that the criteria are likely to be met it must send the case to crown court. If the youth court retains jurisdiction, it retains the right to commit the young person for sentence at the crown court where as a result of what it hear at the trial, it subsequently forms the opinion that the criteria for an extended sentence or sentence for public protection are met. |
| 7.5 | In 2000 the Lord Chief Justice issued a Practice Direction ‘The trial of children and young persons in the crown court’ which contains guidance for the conduct of such proceedings with a view to enhancing the potential for children’s participation. Significant discretion still resides with the court however and the steps to be taken in any given case should take account of the age, maturity and development (intellectual and emotional) of the young person and all other circumstances of the case. |
| 7.6 | The YOS, through the responsible officer or remand officer will have a role in ensuring that the court is aware and takes due account of the provisions of the Practice Direction as to the conduct of proceedings, through discussions with the probation staff at the crown court and the defence solicitor as to how the hearing may need to be adapted to meet the particular needs of the young person concerned. |
| 7.7 | Considerations relevant to the issue of whether reporting restrictions are imposed should be provided to the defence solicitor. There may be some merit in preparing a written assessment of the young person’s level of understanding to share with the court through the probation service. |
| 7.8 | Following a conviction for murder the PSR (pre-sentence report) author should comment on any circumstances that might influence the court to impose a tariff below the 12 year ‘starting point’. |
| 7.9 | Where the case involves a firearms offence that carries a minimum sentence, the author should consider if there are any exceptional circumstances to put before the court which might justify an alternative outcome. |
| 7.10 | Practitioners should also explore what alternatives there may be to a sentence under Section 91 in the event of a conviction for other grave crimes. Issues may have come to light during the trial and the YOS will have access to the young person’s personal circumstances which may impact on the overall risk assessment and provide substantial mitigation. In such circumstances there may be the opportunity for a well argued report to at the least argue for a reduced custodial sentence or a non custodial sentence where a credible community programme is available. |
| 7.11 | Where a young person is convicted of a sexual or violent offence which is contained in schedule 15 of the CJA 2003 as specified or serious, PSR authors will need to be aware of the provisions and provide the court with an assessment of risk from which the court can asses whether the young person is ‘dangerous’ and thus should be sentenced to either an extended sentence or detention for public protection. |
| 7.12 | Information relating to the assessment of dangerousness should be included within the ‘Assessment of Risk Section’ of the PSR which in cases of specified offences should be renamed ‘Assessment of Risk and dangerousness’. The PSR author should indicate key risk factors and the appropriate action to manage the risk. When a custodial sentence is the only option available , consideration should be given to a post-custody release plan within the PSR |
| 7.13 | Where the young person appears at the crown court by virtue of being jointly charged with an adult no assumption should be made that a lengthy custodial sentence will be the outcome. The offence may not be sufficiently serious to warrant an order under Section 91. |
| 7.14 | In all cases it is good practice to liaise with the probation staff at the crown court who should be able to provide advice on recent sentencing outcomes in similar cases involving children and young people of the same age. |
| 7.15 | At the point of sentence it is for the court to specify the number of days that have already been served at the point of sentence. Where a section 91 sentence is likely therefore, it will be important that practitioners ensure that the relevant information is available to the court on the day of sentence. Time remanded to local authority accommodation is relevant only where there has been a placement in secure accommodation. |
8. Placement Arrangements – Pre and Post Sentence
| 8.1 | All custodial placements are organised through the Youth Justice Board. In broad terms the nature of the placement is dependant on the age of the young person so;
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| 8.2 | All cases where a committal to the crown court takes place should be discussed with the Operational Manager (Courts) to identify likely outcomes if the matter goes to sentence. Issues of vulnerability of the young person should also be reviewed and a decision made as to whether representations should be made with respect to appropriate type of placement. Representations as to vulnerability should be made at an early stage in an attempt to influence the type of accommodation to which the young person will be allocated in the first instance. | ||||
| 8.3 | Where a sentence under section 90/91 appears likely the YOS must give notice to the Prison Service section 53/92 Casework Unit as well as the Youth Justice Boards placement centre by completing a Placement Alert Form (NS) A Core Asset Profile and any relevant reports such as Risk of Harm, Risk Management Plan, Vulnerability Management Plan, medical, psychiatric or psychological should also be sent. | ||||
| 8.4 |
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| 8.5 | Where the initial Asset indicates risk of harm to others a ‘Risk of Serious Harm’ form needs to be completed and the outcome reflected in the PSR. If the risk of harm is assessed as medium or above a ‘Risk Management Plan’ should be completed the content of which should then feature in the subsequent sentence plan. | ||||
| 8.6 | Similarly where the initial Asset indicates a vulnerability level of medium or above, a ‘Vulnerability Management Plan’ should be completed, the content of which should feature in the subsequent sentence plan. | ||||
| 8.7 | Wherever possible the PSR author or a representative of the YOS should attend the crown court for the sentencing. Where a Custodial Sentence is passed preparatory work is important to ensure that all reports and information are immediately available to the custodial facility on the young person’s admission. The following documents should be taken to court for the sentencing hearing;
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| 8.8 | Once the outcome of the court case is known the Placement Team at the YJB must be contacted immediately. This should be by phone if a bed is no longer required or by faxing/secure emailing a Secure Facilities Booking Form to confirm a bed and obtain an authorisation code. A confirmation form will be issued with the authorisation code to both the YOS and the provider. | ||||
| 8.9 | Following sentence the young person must be interviewed in the cells by the court duty officer, or responsible officer, with particular emphasis on risk assessment. The outstanding sections of the Post Court Report should be completed. The following documents should be forwarded by secure email wherever possible or alternatively with the young person to the secure facility in the sealed yellow envelope, marked for the attention of the reception officer;
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| 8.10 | The YOS officer should record on the custody record that documents have been forwarded with the young person or by secure email. The custody checklist should be completed, noting the exact documents sent, and this should be placed on the young persons file. | ||||
| 8.11 | Where the Risk Assessment process identified particular concerns the security staff at court must be notified and this recorded on the custody record. The reception centre of the establishment must be contacted and advised by phone of the specific issues and concerns identified. These contacts should also be recorded on Careworks. | ||||
9. Victim Liaison
| 9.1 | Victims of serious sexual and violent offences, where the offender is sentenced to 12 months or more in prison, have the right to receive information and consultation from the probation service. In the London Probation Area this service is provided by specialist Victim Liaison staff. |
| 9.2 | Where the sentence is made in the crown court it is the responsibility of the probation staff at the court to forward on this information. |
| 9.3 | If the victim does choose to take up this service from Probation the YOS will be notified. It will then be the responsibility of the responsible/supervising officer to provide information on key events throughout the sentence such as the release date and the area where the young person will be living to the Victim Liaison Service. The victim will also be given the opportunity to comment on licence conditions. |
10. The Custodial Phase
| 10.1 | All section 90/91 cases will be allocated prior to sentence. A ‘paired officer’ must also be appointed within five days to cover the case in the absence of the supervising officer (NS) |
| 10.2 | The supervising officer must visit both the young person and the parents/carers, where appropriate, within five days of sentence (NS) |
| 10.3 | The Supervising officer must attend an allocation board scheduled to take place within 20 days reception for those young people sent to Prison Service establishment, attend the first month’s review, all subsequent reviews and participate fully in sentence planning. |
| 10.4 | The central aim of sentence planning is : The prevention of further offending when the young person is released To achieve this, those needs that influence the young person’s behaviour must be addressed over the whole course of the order in an integrated and seamless way. |
| 10.5 | The supervising officer must work proactively to ensure:
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| 10.6 | The supervising officer must visit the young person at least every three months and at least monthly for the three months prior to the planned release date. (NS) The officer must contact the family/carer after each visit where the parent(s) have not attended (NS). |
11. Placement Transfers
| 11.1 | There is a presumption of age related transfer. Thus, unless there are contrary reasons, many young people placed into secure accommodation will transfer to a YOI at 15 years. Similarly at 18 most young people move out of the juveniles secure estate into adult orientated prison service accommodation. |
| 11.2 | Other circumstances may lead to a transfer. With regards planned transfers a recommendation would normally arise from discussions between the YOS supervising officer and the accommodation unit. A recommendation for transfer is likely to be based on a revised view of vulnerability, based on new assessment information, or a need to achieve a more local placement. Such a recommendation should be conveyed to the Placement Team at the Youth Justice Board via a Placement Transfer request Form. |
| 11.3 | There may exceptionally be occasions when an emergency transfer has to be made without consultation with the Placement Team. Such occasions might include fire, riot, or an emergency child protection concern. In such a circumstance, the transfer should be made on the basis of consultation between Provider Units, and if possible the YOS. The transfer must be notified to the Placement Team within 24 hours, and if the new placement is confirmed, new authorisation forms will be issued. |
12. Release and Early Release Arrangements
| 12.1 | For those young people serving a determinate sentence under s91, conditional release will be at the half way stage of the sentence and may be subject to licence conditions to the end of the sentence. There are standards conditions which must be contained within the licence and a list of prescribed conditions that can be included depending on the individual circumstances of the case. | |||||||||||||||
| 12.2 | Under the Home Detention Curfew (HDC) scheme, Section 91 prisoners, who are not subject to any statutory exclusions and who pass a risk assessment, may be released up to 135 days early (depending on the sentence length) under an electronic curfew. Young people who are eligible are presumed suitable for release subject to a satisfactory home circumstances report unless there are exceptional and compelling reasons to refuse release. However, because of the nature of their offences very few section 91 offenders will be eligible for the presumptive scheme. Offences which would exclude them include sexual and other serious assaults. | |||||||||||||||
| 12.3 | The actual period to be spent on curfew depends on sentence length and is defined by the ‘requisite period’
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| 12.4 | Young people released early will be electronically monitored for the duration of the early release period (i.e. until the mid point of the sentence) thus certain conditions must be satisfied before early release can be agreed;
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| 12.5 | Applications for HDC for young people at secure training centres or local authority secure accommodation must be sent to the juvenile operational management group in prison service headquarters 6 weeks before the HDC release date. | |||||||||||||||
| 12.6 | If the young person is in a YOI, the recommendation goes to the governor who has delegated powers from the Home Secretary. | |||||||||||||||
| 12.7 | Where the young person is serving an indeterminate sentence for public protection or an extended sentence the supervising officer must ensure that all risk assessment information is passed to the Parole Board to assist them in determining whether it is safe to release the young person into the community or terminate their licence. |
13. Community Supervision
| 13.1 | In the case of all life sentences (mandatory or discretionary) and indeterminate sentences for public protection , the supervising officer must ensure that all relevant paperwork, risk assessment and asset Core Profile are completed and sent to the Lifer Review and Recall section (LRRS) of the National Offender Management System (NOMS). |
| 13.2 | Upon release the supervising officer must see the young person on the day of transfer to the community to;
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| 13.3 | A home visit will take place within 5 days of transfer to the community to ensure that the young person is living where planned. The supervising officer should use this as an opportunity to involve the young person’s family in the work. Copies of the licence and any plans should be provided to parents/carers. The young person and their carers should also be informed of the enforcement process and the likely consequences should the licence be breached. (NS) |
| 13.4 | The supervising officer, or his/her representative, will see the young person twice weekly for the first three months of the licence and then at least once every 10 days until the end of the licence period (NS) Throughout the period of supervision in the community the officer should monitor;
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| 13.5 | A review meeting should take place within 10 working days of transfer to the community, chaired by the supervising officer. The young person is expected to attend. A member of the secure facilities staff must attend the review along with those invited to attend reviews during the custodial phase. The parent/carer(s) should also be encouraged to attend and participate. The custodial caseworker must be invited to attend. The meeting should;
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| 13.6 | Young people released on an indeterminate sentence for public protection will be on an indefinite period of licence, which is likely to be for a considerable time. Similarly those on extended sentences will be subject to lengthy licence periods Effective case management and risk management procedures will need to be put in place by the YOS until such time as the licence is terminated by the Parole Board or the young person is transferred to the probation service. |
14. Enforcement
| 14.1 | If the young person fails to attend for an appointment or breaches an electronic curfew the supervising officer should telephone or visit the young person immediately. On the basis of the information given the supervising officer must review the case within one working day to decide what action should be taken and record the decision on the case file. (NS) |
| 14.2 | Where there is persistent failure to comply or an enhanced risk of harm to self or community, the supervising officer must review the case with the Operational/YOS manager and;
(NS) |
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