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Scaled Approach and YRO – YOT briefing events

Scaled Approach and YRO – YOT briefing events. 26 August – 8 October 2009. Objectives. Have an in depth understanding of the new sentencing framework Understand how the Scaled Approach interacts with the new sentencing framework

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Scaled Approach and YRO – YOT briefing events

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  1. Scaled Approach and YRO – YOT briefing events 26 August – 8 October 2009

  2. Objectives • Have an in depth understanding of the new sentencing framework • Understand how the Scaled Approach interacts with the new sentencing framework • Understand the purpose and use of National Standards, Case Management Guidance and Criminal Justice & Immigration Act Practice Guidance in the context of the changes

  3. * Presentation & exercise

  4. * Presentation & exercise

  5. Approach to the slides

  6. Approach to the event: Table activities Case Studies and Activities Feedback at tables (small groups) Facilitator at each table to support and provide guidance Referral Orders Intensive Supervision & Surveillance Youth Rehabilitation Order Enforcement & Compliance YRO Requirements Packages of Intervention Scaled Approach

  7. After this event what should you do? • Think about throughout the two days, how and what you might need to deliver back at your YOT • Schedule de-briefing events at your YOT • Plan for activities that need to take place post the go-live

  8. Update on guidance

  9. Update on guidance:National Standards for Youth Justice • MUST DO • Minimum standards for youth justice • DO NOT address regime standards • Primarily focussed on community but also interface between YOTs and key partners e.g. secure estate • Used in conjunction with: • Case Management Guidance • Criminal Justice & Immigration Act Practice Guidance • Key Elements of Effective Practice

  10. Update on guidance: National Standards - What’s changed? • Youth Rehabilitation Order and Scaled Approach • Remand Planning and Remand Reviews • DTO planning meetings which reflect different lengths of orders • Quality Assurance for assessments • CAF undertaken in line with local procedures • Connectivity and other WUYJ processes • Maximisation of victim involvement • Intensive Supervision and Surveillance • Clarified and updated long-term custodial sentences and Hospital Order standards

  11. Update on guidance: Case Management Guidance • HOW TO • Aimed at practitioners and managers in the community • Covering operational and case management responsibilities • Each section has a reviewing and improving practice section • Can be used by Secure Estate and partners to look at guidance provided to YOTs • Used in conjunction with: • National Standards for Youth Justice • Criminal Justice & Immigration Act Practice Guidance • Key Elements of Effective Practice

  12. Update on guidance: Criminal Justice and Immigration Act Practice Guidance • NOT statutory guidance • Main focus is the YRO but other key CJ&I act provisions are included • Enable practitioners and managers to have basic understand of implications of legislation • NOT intended to be a comprehensive guide to legal or practice implications of the new legislation • MUST be used in conjunction with: • National Standards for Youth Justice • Case Management Guidance • Key Elements of Effective Practice

  13. Update on guidance: Key Elements of Effective Practice and Source Documents • WHAT TO DO • To be used by YOTs and secure establishments • Describe the features of and approaches to effective interventions, by identifying the key elements which are known to work • Primary tool for evidence based self assessment and quality assurance, providing the benchmark for effective practice • Relevant for those involved in delivery / operational and first-line and strategic managers • Used in conjunction with: • National Standards for Youth Justice • Criminal Justice & Immigration Act Practice Guidance • Case Management Guidance

  14. Criminal Justice and Immigration Act (CJ&I) 2008 Purposes of Sentencing Community Related Changes Custody Related Changes

  15. Purposes of sentencing Brings purposes of sentencing in line with principal aim of preventing offending and gives equal weight to other factors including welfare When sentencing an offender under 18 the courts should give equal weight to: the principal aim of the youth justice system (prevent offending) the welfare of the young person in accordance with section 44 of the Children and Young Persons Act 1933, and the purposes of sentencing punishment reform and rehabilitation protection of the public making of reparation

  16. Balancing the Purposes of sentencing Far more than with adults, the approach to sentence will be individualistic In balancing the purposes of sentencing, the key elements are: the age of the offender (chronological and emotional) the seriousness of the offence the likelihood of further offences being committed and the extent of harm caused or likely to result Proper regard for welfare concerns such as mental health, capability and learning difficulties or disorders all which might affect the likelihood of the purposes being achieved (Sentencing Guidelines Council)

  17. Welfare Considerations Mental Health Culpability when addressing seriousness Speech & language difficulties Courts and YOTs Ability / willingness to engage in court Learning difficulties / disabilities Vulnerability Purpose / type / length of sentence and requirements Feelings of discrimination Experiences of loss or abuse Ability to understand and comply with sentence Adolescence (Sentencing Guidelines Council and Judicial Studies Board)

  18. Courts Approach to Sentencing Assess offence seriousness Consider offender mitigation Principal aim (prevent offending) and welfare Balance the purposes of sentencing Magistrates will use above to determine if PSR / report required YOTs will need to take the magistrates decision in to account Sentencing Decision Reached

  19. Other legislative provisions

  20. Community related changes Youth Conditional Cautions (YCC) Higher-tariff, pre-court disposal available for use by police Joint Youth Justice Unit are still working on securing pilot sites November 2009 launch with proviso of commencement order Youth Default Order Power in lieu of unpaid fine to impose unpaid work (16-17 yrs), curfew (with or without EM) or attendance centre (only) Anti-social behaviour changes Statutory one year reviews of ASBOs for under 17 year olds ISOs must be issued with every ASBO where magistrates’ court consider it would help prevent further antisocial behaviour

  21. Community related changes (2) ‘Spent’ warnings, reprimands and cautions Reprimands and Warning spent once given Conditional Cautions spent after three months Sexual offences Prevention Orders Some young people are eligible for these if convicted of an offence listed under Schedule 3 of the Sexual Offences Act 2003

  22. Custody related changes PSR must be in writing where possible custody sentence likely Public protection sentences – minimum custodial term of 2 years before any reduction for time spent on remand or before consideration of release on licence Curfew credit for tagged bail periods, at courts discretion if 9+ hours per day, to be taken into account in fixing custodial period Young people aged 17 years can be tagged on bail, if court satisfied bail would not otherwise be given Subject to satisfaction re risk of serious harm to others, automatic 28 day release after recall for 12+ months custody

  23. Referral Orders CJI Act changes Custody Threshold cases

  24. Referral Order changes in the CJ&I Act From 27th April 2009, Courts can make Referral Orders where: • There is one previous conviction and Referral Order not given • Previous bind over or conditional discharge • In exceptional circumstances on YOT recommendation in case with previous Referral Order • Also includes where a previous custodial sentence has been given And court discretion: • Discharge Referral Orders early for good behaviour • extend up to three months at YOT recommendation e.g. non-compliance

  25. Issues since implementation Second Referral Order (RO): • Second Referral Order can be given in exceptional circumstances, defined by the YOT’s recommendation to the Court. • Second RO cannot be given while the first RO is running. Also, the second RO for the new offence cannot run concurrently with the first RO. • First RO should be completed successfully and a gap of non offending should follow before a second RO is considered. • The first RO cannot be revoked in order to make a second RO.

  26. Issues since implementation 2 Compensation: • Consider compensation within the RO contract to avoid using Compensation Order which is not spent until 30 months after the date on which it is given. Length of Panel Members’ Service • Following a review of Youth Offender Panel volunteer service, Ministers have decided that: • the tenure of current panel volunteers can be extended for a maximum of two years • any new panel volunteer recruited in the next 12 months will be recruited for a maximum of six years • the situation will be reviewed in 12 months.

  27. Referral OrderCustody Threshold Cases • Custody threshold = adjourn for PSR • PSR proposal for a Referral Order should be presented as a robust and credible sentencing option which should involve a referral order intensive contract(Referral Order 09 guidance) – Available NOW • An referral order intensive contract should include: • the provision of similar resources to those available for other community sentences in custody threshold cases (up to 25 hrs / week) • the full range of intensive community intervention options, including non-electronic curfews • restrictions should be considered to match the requirements of the case (Referral Order 09 guidance)

  28. Proposals to Court Consider a pre-sentence panel Consider pre- sentence panel Considering Intensive Referral Order? Panel / YOT determines possible elements of contract PSR Request Undertake assessment Populate Asset / ROSH Prepare PSR Supervise Under Scaled Approach?

  29. Panel Proposals If a Referral Order is made: • YOT panel report includes PSR draft intervention plan • formal panel meeting within five working days to formally agree the contract (where a pre-court panel was held prior to sentence). • intensive contract with full range intensive interventions similar to other community sentence custody threshold cases

  30. Case Study - Referral Order 30 mins • Review Case Study • Consider the Asset / ROSH for Stefan • Consider summary page showing indicative intervention level • Determine what might be the appropriate level of supervision based on your assessment • What representations / recommendations would you make to the Referral Panel and Court in relation to the young persons intervention • Why make the proposal? • What would it look like? • Record on Activity template

  31. Key Learning Guidance • Referral Order Guidance 2009 • CJ&I Act Practice Guidance and Legislation • National Standards 2009 Key Messages • Referral Order intensive contracts are optional but should be used to prevent young people unnecessarily receiving custody • Should ideally be done in consultation with Panel prior to sentence • Locally determined criteria for threshold for referral • Consider most appropriate use of YOT resources and programmes to facilitate these intensive contracts i.e. not advisable to mix referral order and ISS young people

  32. Youth Rehabilitation Order (YRO) • The Youth Rehabilitation Order (YRO) – overview • Requirements • Application of the Scaled Approach • Transitional Arrangements

  33. YRO – key information Only available for cases serious enough to justify a community sentence (courts not obliged) Is a single community sentence within which a court may include one or more requirements variously designed to provide punishment, protection of the public, for reducing offending and for reparation Content and length based on principles of proportionality and suitability given that restrictions on liberty must be commensurate with the offence

  34. Activity – YRO Overview 10 mins • In your pack there are some statements about the YRO with the answers on a separate page • Match the words to the statements • There will be a prize for the quickest table finished with the correct answers

  35. YRO Requirements • What are they? • How do they work? • When can they be used? • Who is responsible for enforcement?

  36. What does the YRO replace? Action Plan Order Attendance Centre Order Community Punishment & Rehabilitation Order Community Punishment Order Community Rehabilitation Order Curfew Order Drug Treatment and Testing Order Supervision Order Exclusion Order

  37. YRO Requirements Supervision Requirement Programme Requirement Activity Requirement Attendance Centre Requirement Curfew Requirement Education Requirement Residence Requirement (16/17 year olds only) Local Authority Residence Requirement Drug Treatment Requirement Drug Testing Requirement Mental Health Treatment Requirement Intoxicating Substance Treatment Requirement Exclusion Requirement Prohibited Activity Requirement Electronic Monitoring Requirement Unpaid Work Requirement (16/17 year olds only) Intensive Fostering Intensive Supervision and Surveillance Alternatives to Custody

  38. Activity What is it? • Requires young person to engage in activities specified in their order How does it work? • No more than 90 days • Residential (7 days and requires parents/ carers must consent) • Must consult with YOT and be satisfied of local provision • Consent where third party involvement • Can be used to deliver reparation When is it appropriate? • To prevent further offending and address all levels on the Scaled Approach model • If enhanced or intensive, additional requirements should be considered Who manages this requirement? • The YOT is responsible for monitoring and enforcement • Reliant on information of compliance and engagement from external service providers

  39. Supervision What is it? • Replaces the current Supervision Order. Requires young person to meet with the responsible officer or other nominated person as agreed How does it work? • Maximum of 3 years • When attached will last the duration of the order • To be managed in line with scaled approach intervention level When is it appropriate? • To prevent further offending and address all on the Scaled Approach • Can be used as the vehicle for addressing a young person’s offending behaviour Who manages this requirement? • The YOT is responsible for monitoring and enforcement • Reliant on information of compliance and engagement from external service providers

  40. Unpaid Work What is it? • Replaces current community punishment order for 16 and 17 year olds. Requires a young person to undertake unpaid work for the specified number of hours How does it work? • Only available for 16 and 17 year olds • 40 hours to 240 hours • Young person must be suitable to undertake the work and that provision must be available in the local area • Specified work must be undertaken within 12 months from when the order came into effect • YRO remains in force until the young person has completed the unpaid work When is it appropriate? • Vehicle for repairing harm to the young person’s community Who manages this requirement? • Local probation service responsible for delivery • Stand alone monitoring when this is the only requirement. • YOT responsible for breach on behalf of the local probation service

  41. Programme What is it? • Requires young person to engage in systematic number of activities (a programme) at a specified place on a specified number of days How does it work? • Programme must be recommended by the YOT • Programme must be available at the place(s) specified • If a third person’s compliance is necessary, that person must consent When is it appropriate? • Should be considered when a young person’s assessment shows them to be suitable for the specified programme e.g. specific offending behaviour programme • Young person must be capable of managing attendance and participation Who manages this requirement? • The YOT is responsible for monitoring and enforcement • Reliant on information of compliance and engagement from external service providers

  42. Attendance Centre What is it? Replaces the current Attendance Centre Order and requires the young person to attend the attendance centre for the number of hours specified in the order How does it work? Aged 16 and over = 12 – 36 hours Aged 14 and over but under 16 = 12 - 24 hours Aged under 14 = no more than 12 hours Maximum of 3 hours per day Maximum of 1 session per day When is it appropriate? For the majority of young people to prevent further offending and address all levels of likelihood of reoffending as described in the Scaled Approach model Who manages this requirement? Attendance Centre Protocol – adapt for local purposes Attendance centre officer is in charge of monitoring compliance YOT responsible for determining and prosecuting breach

  43. Prohibited Activity What is it? Requires that the young person must not participate in specified activities on the day or days specified or during a set period of time How does it work? A court may not attach unless it has consulted with the YOT or local Probation When is it appropriate? Where a young person’s offending is linked to a particular activity and prohibiting this activity would be an effective way to prevent further offending. Prohibited activities may include non-association with certain peers Who Manages this requirement? The YOT manages this requirement but will need to put in place agreements with local partners to ensure it is able to effectively monitor and enforce it.

  44. Curfew What is it? • This replaces the current curfew order and requires a young person to remain in a specified place for a specified period of time How does it work? • Cannot be for less than 2 hours or more than 12 hours in any day • Only available for up to 6 months starting on the day the requirement first takes effect When is it appropriate? • Should be considered when there is a clearly identified time-based pattern of offending and a curfew during that period of time would contribute to preventing further offending Who manages this requirement? • If imposed alongside one or more other YRO requirements for which the YOT is ordinarily case manager of if it is a stand alone curfew requirement (i.e. no electronic monitoring requirement attached) the YOT is responsible for monitoring and enforcement

  45. Electronic Monitoring What is it? Means that the young person must remain in a specified place for the specified period How does it work? Must be attached to a curfew requirement unless the court considers it inappropriate to do so or is prevented from doing so because: Third part cooperation is required and not obtained The court has not been notified by the Secretary of State of the local availability of EM When is it appropriate? Where it is considered that the imposition of this requirement will encourage and enable young people to comply with their curfew requirement and prevent further offending Who manages this requirement? Where there is only a curfew requirement with EM, the EM provider will monitor and enforce Where there are additional requirement ordinarily managed by the YOT, the YOT will monitor and enforce on advice from the EM provider

  46. Exclusion What is it? The exclusion requirement replaces the current Exclusion Order Prohibits a young person from entering a place for a specified period How does it work? Period must not be longer than 3 months May specify exclusion from a particular place or area for different periods over different days When is it appropriate? Should be considered where there is an identifiable geographical / physical pattern of offending by the young person and excluding them from an area or premises will help to prevent further offending. Who Manages this requirement? The YOT manages this requirement but will need to put in place agreements with local partners to ensure it is able to effectively monitor and enforce it.

  47. Residence What is it? Requires the young person to reside with an individual specified in the order or in a place specified in the order How does it work? Courts cannot specify an individual with whom the young person is to reside unless that person consents Courts cannot specify a place of residence unless the young person is over 16 years at the time of conviction (a ‘place of residence’ requirement) Courts must consider the young persons home circumstances and that these are contributing to the young persons offending behaviour When is it appropriate? Should only be considered where a young person’s current living arrangements are contributing to their offending behaviour Who manages this requirement? The YOT in original home authority responsible for monitoring and enforcing Reliant on progress information from the person with whom the young person is residing

  48. Local authority residence What is it? Requires the young person to reside in accommodation provided by or on behalf of the local authority How does it work? Court must consult with parents/ guardians before imposing Court must consult with the local authority in which the young person is to reside and which will be specified in the order Can stipulate that the young person is not to be placed with a specified individual Maximum duration of 6 months Cannot include any period after the young person has reached 18 years of age When is it appropriate? Where it is considered a young person’s living arrangements have contributed to their offending behaviour Who manages this requirement? YOT responsible for monitoring and enforcing this requirement Reliant on information from the authority responsible for the young person’s accommodation

  49. Mental health treatment What is it? Requires young person to submit to treatment by or under the direction of a registered medical practitioner/ chartered psychologist for the period of time specified How does it work? Can be either residential or non residential treatment Before imposing, the court must have evidence from registered medical practitioner that the young person may be susceptible to treatment The young person must express a willingness to comply Court must be satisfied that there is local provision to deliver the requirement When is it appropriate? Will only be appropriate for those young people where previous voluntary engagement has failed and where their mental health conditions has been identified as a substantive factor in their offending behaviour Who manages this requirement? The YOT is responsible for monitoring and enforcement Reliant on information of compliance and engagement from external service providers

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