- The offence must be imprisonable and the court of the opinion that the offence is so serious that a custodial sentence would be appropriate i.e. where a sentence of at least 4 months could be imposed.
- In addition, where the youth is under 15 years old at the time of conviction, the court must be satisfied that they are a persistent offender.
- The period of the fostering requirement must end no later than 12 months from the date of the order, and cannot include any period after the offender has reached the age of 18 years old.
- The court must be satisfied that a significant factor in the offence was the circumstances in which the youth was living, and that the imposition of a fostering requirement would assist in the youth’s rehabilitation.
The offence(s) of ………… is/are so serious that a custodial sentence could have been imposed. However, we are making a youth rehabilitation order with fostering.
This will last for ……… months and will expire on ………… You will have to do the following:
1. Fostering – You must live with a local authority foster parent for the next ………… months until ………… [insert date].
2. Supervision – You will be under the supervision of a Youth Offending Team officer until ………… [insert date] and must follow all instructions given to you and keep all of your appointments.
[Insert any additional requirement wording as appropriate.]
If you break any of the requirements, or commit another offence while on your order, you may be brought back to court and you could be dealt with in some other way. You must notify your Youth Offending Team officer and the court if you change your address.
If you cannot attend appointments through illness, your Youth Offending Team officer will need to see a medical certificate. If you do not provide this, you will break the rules of this order and may be brought back to court.
You or your officer may ask the court to look at this order again if your circumstances change.
We make the order having considered all of the following:
[Using your sentencing form, give your reasons including:
- The aggravating or mitigating circumstances that determine the level of culpability and degree of harm caused (offence).
- Child or young person’s personal mitigation (offender).
- Reasons for a treatment requirement (consent required).]
[If applicable.] We have reduced your sentence because you pleaded guilty. If you had not, it would have been …………
You must also pay a surcharge of £………… This money is used to fund victim services.
Do you understand?