The Sentencing Council issues this definitive guideline in accordance with section 120 of the Coroners and Justice Act 2009. It applies to all children or young people, who are sentenced on or after 1 June 2017, regardless of the date of the offence.
Section 59(1) of the Sentencing Code provides that:
“Every court –
- must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case, and
- must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the exercise of the function,
unless the court is satisfied that it would be contrary to the interests of justice to do so.”
Guidance for sentencing children and young people set out in the 2006 robbery guideline and the 2007 sexual offences guideline, both produced by the Sentencing Guidelines Council, are replaced by this guideline. See also:
- Sentencing children and young people – robbery
- Sentencing children and young people – sexual offences
Guilty plea section only
Section 73 of the Sentencing Code provides: (1) This section applies where a court is determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court. (2) The court must take into account the following matters—
(a) the stage in the proceedings for the offence at which the offender indicated the intention to plead guilty, and
(b) the circumstances in which the indication was given.
This section of the guideline applies regardless of the date of the offence to all children or young people where the first hearing is on or after 1 June 2017. It applies equally in youth courts, magistrates’ courts and the Crown Court.
1 ‘Offence’ includes breach of an order where this constitutes a separate criminal offence but not breach of terms of a sentence or licence.