Britain: An official handbook > 1993

BRITAIN 1993: AN OFFICIAL HANDBOOK
several different occasions, the longest period
of attendance in any one day being three
hours. The aim of the order is to encourage
offenders, while in a disciplined environment,
to make more constructive use of their leisure
time.
The criteria for imposing a custodial
sentence on a young offender are that:
• only a custodial sentence will adequately
protect the public from serious harm
from the offender; or
• the offence is so serious that a non¬
custodial sentence cannot be justified.
Young people aged between 15 and 17
may be sent to a young offender institution.
In the case of a very serious crime, detention
in a place approved by the Home Secretary
may be ordered, and must be ordered in the
case of murder.
The custodial sentence for those aged
between 18 and 20 years is also detention in a
young offender institution. Alternatives
include fines and compensation, attendance
centre orders (for up to 36 hours) and
community service orders (for between 40
and 240 hours).
The 1991 Act strengthens the courts’ duty
and powers to involve the parents of young
offenders when their cases are heard. If the
offender is under 16:
• the parents must attend the hearing
unless there are exceptional
circumstances;
• the court has to consider whether the
parents should be bound over to exercise
proper control of the child; and
• the court has to take account of the
parents’ means when assessing the level
of fine to be imposed on the offender.
In the case of 16- and 17-year-old
offenders, the court’s duty to involve parents
is replaced by a power. Where local
authorities have assumed parental
responsibility the duty to attend court and
pay any fines also applies.
The new legislation makes provision for
the courts to remand juveniles, who need to
be held in secure conditions while awaiting
trial or sentence, to local authority secure
accommodation instead of adult prisons.
Scotland
Children under 16 who have committed an
offence or are considered to be in need of
care and protection may be brought before a
children’s panel which consists of three lay
people. This children’s hearing determines in
an informal setting whether compulsory
measures of care are required and, if so, the
form they should take. An official ‘reporter’
decides whether a child should come before a
hearing. If the grounds for referral are not
accepted by the child or parent, the case goes
to the sheriff for proof. If he finds the
grounds established, the sheriff remits the
case to the reporter to arrange a hearing. The
sheriff also decides appeals against any
decision of a children’s hearing.
Custody is available to the courts for
young people aged between 16 and 21; as in
England and Wales, they serve their
sentences in an institution for young
offenders. Remission of part of the sentence
for good behaviour, release on parole and
supervision on release are available.
Northern Ireland
Those aged between 10 and 16 who are
charged with a criminal offence will normally
be brought before a juvenile court. If found
guilty of an offence punishable in the case of
an adult by imprisonment, the court may
order the child or young person to be placed
in care, under supervision or on probation.
The offender may also be required to attend
a day attendance centre, be sent to a training
school or committed to custody in a remand
home. Non-custodial options are the same as
in England and Wales.
Offenders aged between 16 and 21 who
receive custodial sentences of less than three
years serve them in a young offenders’ centre.
Civil Justice
The Civil Law
The civil law of England, Wales and
Northern Ireland covers business related to
the family, property, contracts and torts
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