Case study on critical understanding of the treatment and sentencing of young people - Essay Example

The six elements were enunciated in the Morgan Report: Safer Communities: the Local Delivery of Crime Prevention through the Partnership Approach Home Office Standing Conference on Crime Prevention which were implemented by the 1998 Act. The six elements can be summarised as follows: In keeping with this mandate, the police have an option within the scope and range of the Crime and Disorder Act 1998 whether to prosecute James. Under Section 65, the constable could have merely warned and reprimanded James if James had no antecedents or his detention and prosecution would not be in the public interest.

2 On the facts however, James has been taken into custody and the presumption is that the arresting officer either is aware of James’ having committed previous offences or that his conduct is such that detention and prosecution would not offend the public interest. Section 69 introduces an Action Plan Order which is meant to aid in the rehabilitation of convicted youth offenders. This course of action may be administered to James in the event he is convicted of assault under the Offences Against the Person Act.

The Action Plan Order is available to any child or young person who is convicted of an offence and the penalty is not fixed by law. Section 42 of the Offences Against the Person Act 1861 gives the sentencing tribunal options of two months imprisonment and/or fines for a conviction in respect of common assault or battery.3 Therefore the penalty for James’ offence is not fixed by law and he is eligible for the Action Plan Order. By virtue of the Action Plan Order, James will be required to be under the supervision of a designated officer for a period of three months following the date of the order.

account for his conduct and whereabouts for three months commencing from the date of the order.4 The sentencing court may also make a Reparation Order under Section 67 of the Crime