The Sentencing Council issues this definitive guideline in accordance with section 120 of the Coroners and Justice Act 2009. This guideline applies to all children or young people, who are sentenced on or after 1 June 2018, 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.”
General principles to be considered in the sentencing of youths are in the Sentencing Guidelines Council’s definitive guideline, Sentencing children and young people – overarching principles.