How to use reports
Information on the types of report, including pre-sentence reports, how they are used and what they should contain. It also includes information on how to manage court orders and specific requirements including electronic monitoring, unpaid work and intensive supervision and support.
The following sentences are available for the courts in England and Wales to use with children:
- absolute discharge
- conditional discharge
- fine
- community court orders
- custodial sentences
The following community court orders and custodial sentences will always require a court report:
- Referral Order
- Youth Rehabilitation Order
- Detention and Training Order
- Sentencing for Serious Offences (section 250 sentence)
- Special Sentence of Detention for Terrorist Offenders of Particular Concern
- Extended Sentence of Detention (EDS)
- Detention for Life Sentences (discretionary life)
- Mandatory Life Sentence (Detention at His Majesty’s Pleasure)
When sentencing, courts are obliged to consider the welfare of the child and their best interests. The Sentencing Council published sentencing guidelines for courts to take into account.
Reports are used to assist the court to decide the outcome of the case when a child appears for sentencing, or breach. The various types of court reports are:
- use of an existing report
- stand down report
- pre-sentence report
- progress report
- breach report
The court may sentence a child drawing on an existing pre-sentence report (PSR) if it has been produced in the last three months and been signed off through a quality assurance process. This should only be used where there has not been any significant change in the child’s circumstances since the last AssetPlus assessment. In these instances, the court officer will provide a verbal update to cover the new offence(s). You should be familiar with the court protocol in your area for dealing with requests for full PSRs and the circumstances in which an existing PSR can be presented with a verbal update.
Stand down reports are used where:
- the child is well known to the youth justice service (YJS)
- the matters before the court are straightforward
- it would speed up the outcome
They are generally verbal reports used when the court is likely to give the child a disposal which does not require YJS supervision. If community supervision is likely to be under consideration, you should ask for a five-day adjournment to prepare a pre-sentence report. A verbal stand down report must not be used if there is any prospect of a custodial sentence.
Progress reports are used to provide the court with information about how a case is progressing. They may be used when a child has reoffended while on an order and is appearing in court for sentencing for the new offence; they may also be requested by a sentencer to track the child’s progress and engagement. You may choose to make a recommendation for early revocation as part of a progress report.
A breach report is used to return a child to court where the service has been unsuccessful in engaging a child. Breach reports should always give an account of any positive engagement, progress against goals and factors which could support further engagement. It should indicate that you are prepared to continue working with the child and to support them; and suggest any alterations to be made which would achieve increased engagement. Please refer to ‘How to respond to non-engagement for more detail on breach processes.
The pre-sentence report (PSR) is a written report produced and submitted to the court by the youth justice service (YJS). Its purpose is to assist the court to determine the most appropriate outcome for the child. Sentencing starts with the principle of proportionality, meaning the sentence should be commensurate with the seriousness of the offence, and may then take into account the child’s status and vulnerability.
Section 30 of the Sentencing Act 2020 contains the legislative provisions to produce a PSR. The PSR should assist the court to understand the circumstances of the offence; and any aggravating or mitigating factors to consider in the sentencing decision. A PSR is always required when a custodial sentence is under consideration and for community sentences which require YJS supervision, to explain the suitability of the order (for the child) and any conditions which may be attached.
When the court requests a PSR it will give a non-binding indication of the seriousness of the offence and the range of sentences or requirements it wishes to consider. In circumstances where the court requests an ‘all options’ PSR, YJS court duty staff should ask the court to clarify their view of seriousness, which means clarifying whether custody is under consideration or not.
The PSR contains information on:
- the child’s background and circumstances (the court is obliged to consider their welfare in determining the sentencing outcome)
- previous convictions
- responses to previous penalties imposed by the court
- aggravating and mitigating factors
- public protection concerns
- concerns about the safety and well-being of the child.
- positive factors, including information about any agencies involved with the child and how they can support the child’s safety and well-being and public protection
The report should conclude with an explanation of the options available and a clear single sentencing proposal for the court to consider.
The court may also request that a ‘dangerousness assessment’ is undertaken if it considers there is ‘a significant risk of serious harm to the public or the commission of further offences’ (as set out in schedule 15 of the Criminal Justice Act 2003). For further information see what to consider in an assessment of dangerousness in a pre-sentence report.
You should present pre-sentence reports (PSRs) formally; paginated and with numbered paragraphs using the following standard format:
- front sheet
- sources of information
- assessment of the child
- analysis of the offence
- factors which will support positive outcomes for the child and promote public safety
- assessment of the need for parenting support including suitability for a Parenting Order
- conclusion and proposal for sentencing
Pre-sentence reports must be clear and concise and not exceed four pages. Exceptions to this would be if the case is very complex involving multiple offences or very serious (and possibly high profile). This is to assist sentencers to absorb the information presented to be able to make an informed decision and to determine an appropriate outcome. Overly detailed and irrelevant information may detract from key points and important information may be missed.
You should be aware that there is a disproportionate number of children from some groups in the justice system, including Black children, Gypsy, Roma and Traveller children and children looked-after. Statistics also show that children from these groups can receive more punitive outcomes. When preparing a PSR, you may wish to include data on the current levels of over representation in your area to remind sentencers about unconscious bias in sentencing.
The introduction to the report should contain the authority to produce the PSR, the court that requested it and the date of the request. It should also indicate the status of the child e.g. following a guilty plea or trial; at a first or subsequent court hearing; and whether the child is bailed or remanded.
You should:
- state that the PSR is based on an AssetPlus assessment
- state the quality assurance process it was subject to prior to submission to the court
- confirm that it has been discussed with the child and parent or carer
- confirm that the child and parent or carer is aware of and understand its contents as well as any plan that has been jointly drawn up with them
You should be aware of the local arrangements for (digitally) distributing PSRs and ensuring timely circulation to the court.
The aim is to produce a high quality, comprehensive pre-sentence report based on all available information. The primary source of information will be the child (and their parents or carers). Secondary sources are also important and can provide other relevant information. Pre-sentence reports should include information from:
- one (or more) conversation, and any other work with the child
- at least one discussion with the parents or carers
- Crown Prosecution Service documents about the case
- the nature of any victim contacts regarding the offence
- AssetPlus and any additional specialist assessments
- other professionals involved, including the child’s school, social worker etc
You should state whether the child was previously known to the youth justice service, the report author and how many interviews informed the report.
If you have not been able to access any specific source of information which you consider to be relevant, you should indicate with reasons why this was the case.
The front sheet of the pre-sentence report should follow a standardised layout, which contains the following information in list format:
- demographic information – name, date of birth, age at court hearing and address
- types and dates of offences under consideration
- court name and local justice area
- date report requested and date completed
- the name of the author of the report, job title and youth justice service office address
The front sheet should contain the following covering statement: “This is a pre-sentence report as defined in Part 3 Chapter 1 Section 31 of the Sentencing Act 2020 and has been prepared in accordance with the standards for children in the youth justice system and relevant guidance.” It should also state that it is a confidential document.
The purpose of the pre-sentence report is to obtain enough information from the child (and their parents or carers) and other sources to produce a high-quality document for the court to understand the child and the factors affecting them; and to help it to decide on an appropriate outcome. The information will largely be obtained from an AssetPlus assessment.
You should determine how many times you need to meet with the child to ensure that you have a comprehensive understanding of them and their circumstances. You should also speak to the parents or carers (with the child and separately) to gain as a full a picture as possible of home and family life. This should include a home visit to gain a sense of the environment in which the child is living.
Children and their parents or carers should understand the purpose of your meeting with them (you can write to them in advance setting this out); what information you require; how it will be used and what will happen to the report once completed. You should verify what information you can, particularly around education and any experiences of engagement with health or other services. Children (and their parents or carers) should be provided with a copy of the report on completion.
Before the meeting you should read the case summary and highlight the key facts and queries you want to raise with the child and their parents or carers. If the child has previously been involved with the youth justice service (YJS), you should review their record as it will assist you to identify if there have been any significant changes since the last assessment which may have contributed to the current situation.
The purpose of the interview is to gather information that gives a clear view of the child and their circumstances, so it is important to reduce any obstacles to engagement. Children facing court proceedings are likely to feel distressed, anxious and uncomfortable (as are their families), especially if appearing for the first time and irrespective of previous appearances and outcomes. Children who have had negative experiences of the youth justice system or are distrustful of authority figures may take time to engage and share their experiences. There can be a lack of trust in the justice system from some communities, so it is especially important when working with children from over-represented groups to take a friendly approach and put children at their ease.
Many children in the justice system have experienced trauma, have difficulty in forming attachments with others and may find it difficult to discuss their experiences. They may have undiagnosed learning difficulties or disabilities and experience problems in expressing themselves. You should encourage and support communication; and not assume the child is being uncommunicative or obstructive if they are having difficulty with anything you are asking them. If it is the first time of meeting, you can break the ice with questions about neutral topics – it should feel more like a conversation than an interview. If they are finding the process intrusive or don’t want to share their thoughts or feelings, change the subject and provide them with opportunities to say what is bothering them. However, you should also be prepared for guarded or aggressive responses to questioning, accept the resistance, change topic and give the child opportunities to express their feelings throughout the process.
Some points to consider when engaging with the child are:
- Choose a location where the child feels safe and comfortable, away from distractions. Do they feel safe attending a YJS office?
- Timekeeping is an important indication of respect. If you are unavoidably late, apologise and explain why.
- Treat them with respect throughout and show genuine concern and interest.
- Be aware of your body language, communicate interest, sympathy and respect and have eye contact.
- Use an informal and relaxed approach to put them at their ease and to encourage them to tell you about themselves.
- The approach you decide to take should always be appropriate, sensitive to the child, consider speech, language and communication needs, learning ability and ability to engage and comprehend generally.
- Observe how they may respond to questions asked e.g. not knowing the answer and feeling confident to say so rather than saying what they think you want to hear.
- Encourage children to give you their account of the offence, why they committed it and their attitude to what happened.
- Ask them about their interests, activities they engage in and their hopes and aspirations.
- Ask for their opinion about how they could address what has happened and move forward, including any reparation.
- If there is a victim, considering whether direct or indirect reparation would be meaningful for them.
- Explore any other issues which may impact on the suitability of the type of order, requirements under consideration or the proposed supervision plan, such as their education, health, religious observance or other commitments.
There are a range of techniques available which can assist you. ‘Socratic questioning’ where you ask – the ‘when’, ‘where’, ‘who’ and ‘why’ to encourage the child to express themselves. Another technique is the ‘Columbo technique’ where you place the child in the position of being the expert in their own experiences. You do this by asking a question like, “can you help me to understand why…”. By communicating genuine interest in the responses and a sense of curiosity in the answers, you can encourage a more full and honest disclosure and account of their experiences. This might be a good technique to use when their version of events relating to the offence differs from that of the official account. The approach you decide to take should always be appropriate, sensitive to the child, consider speech, language and communication needs, learning ability and ability to engage and comprehend generally.
The aim of this section is to provide information on the child; their family, personal and social circumstances and how they relate to their behaviour. This will be based substantially on the AssetPlus assessment. It is helpful to produce this section first before moving on to the offence analysis, as it helps the court to understand the child’s circumstances.
The content of this section should focus on relevant and significant factors as they relate to the matters before the court. The section should provide information about reasons for the child’s behaviour rooted in their background and life experiences. When determining the relevance of information for this section, you should ensure that what is included is pertinent and focused and the information provided contributes to an understanding of the child and their behaviour. It should be mitigating and present an objective picture of the child.
The court is obliged to consider the welfare of the child in the sentencing process. You should ensure that you produce a report which provides sufficient information about:
- their status
- aspirations in relation to education; training and employment
- their living arrangements (whether at home or elsewhere)
- the nature of their relationship within the household (supportive or otherwise); and inclusion of any information relating to the family situation and circumstances (tensions, estrangements etc) including concerns about failure to identify concerns earlier
- health needs
- the family’s financial situation, given that courts are also required to consider compensation
Past or current involvement with children’s services should be discussed as well as the possible impact of trauma because of experiences of abuse, neglect or dysfunctional family life on the child’s behaviour. You should also consider contextual safeguarding issues and factors in the child’s associates or environment placing them at risk of exploitation into criminal activity.
If necessary, the court has the power to ask local authorities to carry out investigations into child defendants under the Children and Young Persons Act 1969. This is rarely used, because children’s needs are assessed as a core part of the pre-sentence report (PSR). However, if you experience any difficulty in obtaining information from children’s services, the court can use this power to ensure information is presented.
There should be an explanation of how the child spends their leisure time; who they associate with, activities they engage in, and any future goals and aspirations. It may also be relevant to discuss their physical and/or emotional maturity as poor health, physical and emotional difficulties and disabilities could all impact on the type of activities and interventions which might be proposed in the PSR.
Consideration should also be given to the child’s response to any previous disposals, highlighting motivation and engagement, and contextualising any failures of the youth justice service (YJS) to engage them. This section should also include an assessment of how the child’s parents/carers have responded to their behaviour and whether, and to what extent, they can support and facilitate the child’s engagement with the order.
As the court may also be considering the potential for a parenting order, report authors should assess whether any assistance with parenting support is required and how this might be provided on a voluntary basis.
Contextual safeguarding issues should always be considered, particularly as information about the child may be held elsewhere but could be relevant. This may include:
- affiliation to gangs, or geographical or territorial areas which might cause conflict with others or restrict the venues available for interventions
- concerns about potential conflicts with other children known to the YJS
- attitudes, behaviours or choices which may impact on safety
You should check whether the child has been subject to a social care assessment. If subject to child protection arrangements, you should obtain a copy of the assessment and refer to it in the PSR. Within this section you can also refer to any additional specialist assessments which have been undertaken. You should mention them, integrate key information into the body of the PSR and make the specialist report available at the court’s request.
The aim of the offence analysis is to outline the facts surrounding the offence as accepted by the court at the point of conviction. It should compare to the child’s account, highlighting any differences in their account from the Crown Prosecution Service (CPS) advance disclosure information. If the analysis covers more than one offence, pre-sentence report (PSR) authors should cover the most serious offence first, unless a chronological account is necessary to understand events.
The purpose of the offence analysis is to:
- provide the court with an understanding of why the child committed the offence (it should not simply repeat the CPS version of events)
- provide an independent assessment of the seriousness of the offence (weighing up aggravating and mitigating factors)
- give the ‘basis of plea’ i.e. what are the relevant facts underpinning the conviction, accepted by both prosecution and defence
- help the sentencer to understand the impact of the offence on the victim and whether any form of restorative activity is appropriate
- note whether the child is looked after and, if they are, to consider whether, by being charged, they are treated more punitively for this behaviour than a child who lives with family
This section analyses:
- the context in which the offence occurred including the immediate circumstances
- any aggravating or mitigating factors, including whether the offence was committed on bail or whilst the child was already on a court order
- the extent to which the child’s actions may be as a result of being exploited into criminal behaviour by others
- whether their actions were planned or impulsive
- an assessment of the child’s culpability, with reference to their emotional health and well-being and level of maturity
- adverse childhood experiences and how the impact of trauma has influenced the child’s behaviour
- learning difficulties; maturity and ability to understand the seriousness of their actions and the consequences
- whether and how the offence fits in with a wider pattern, or if not, stating that it is a one off or a first offence
- the impact on the victim/s and the child’s understanding of this
- attitude to the victim, to the offence and its consequences
- indications of remorse and regret; and desire to make amends
- an assessment of the child’s motivation (with specific reference to any discriminatory views which are significant to the offence)
- any other information which is directly relevant to explaining the offence and forming a view about its seriousness such as being under the influence of substances, mental and/or emotional ill health, peer influences and family and other difficulties
The view of the victim in relation to the offence, any restorative activity (including what this might look like) should be included to assist in the sentencing decision.
If the child is found guilty at trial and maintains their innocence, you should state this in the offence analysis with any other information which explains the reasons for it. You should try to engage the child in discussion about themselves to understand possible motives for the denial. It may be appropriate to speculate why the offence occurred, for example referencing the common factors influencing offence types. You should thoroughly evidence your conclusions.
There are different forms of denial. You should consider the child’s emotional maturity and how they are trying to communicate what they mean. Although they may appear to be an effective communicator, they may be struggling to express themselves and say what they really feel. There is also a risk of disparity in admission of guilt in some over-represented groups. You should clearly state in the pre-sentence report (PSR) that denial is not necessarily a predictor of increased risk of harm, just as an admission of guilt does not decrease risk. If the child indicates they want to change their future behaviour, this is a positive factor which should be reflected in the analysis
When considering diversity, it is helpful to think of the needs of children who have protected characteristics under the Equality Act 2010. Protected characteristics are race, sex, disability, sexual orientation, religion and belief, age, marriage and civil partnership, gender re-assignment, pregnancy and maternity. Many children in the justice system may present with multiple protected characteristics. Having regard to protected characteristics means not discriminating against, harassing or victimising another person because they have or are perceived to have protected characteristics or are associated with someone who has, through either direct or indirect discrimination.
You have a responsibility to always treat children with fairness, dignity and respect, including in the preparation and content of reports. Interviews with children and their parents or carers must be sensitive to factors of difference, and you must take all reasonable steps to ensure that these are respected, including arranging for translation services where necessary.
Section 95 of the Criminal Justice Act 1991 refers to avoiding discrimination on the grounds of race, sex or any other improper ground in the administration of justice. Despite this, those from ethnic minority groups are over-represented at all stages of the criminal justice system. Children with Black, Asian and Mixed ethnicity as well as those from Gypsy, Roma and Traveller communities are overrepresented in the justice system. Unhelpful narratives about these children and other disadvantaged groups support racial and other stereotypes, whilst often missing key factors in their lives which make them vulnerable to the exploitation of others. For instance, Patrick Williams’s research work on the London Gangs Matrix identified how negative labelling of children from Black backgrounds can prevent them being perceived as victims.
Report authors should take conscious steps to ensure that reports are free from discrimination. Descriptions of individuals and their circumstances should not contain cultural or racial stereotypes. Every effort should be made to ensure that ethnicity is appropriately referenced and not presented in a way that might adversely impact on the outcomes for the individual; and that vulnerabilities are not presented as increasing risk of reoffending.
Race must not be ignored. It should be put into the context of the child’s experience, including incidences of racism or a sense of injustice in relation to issues such as school exclusion or a perception of being targeted by the police. There is evidence that Black and Mixed ethnicity children can have less trust in ‘systems’ including the criminal justice system therefore additional work should be undertaken with children from these communities to ensure that they understand process and outcomes, and that their experiences are understood.
It is also important that the rationale and reasoning behind racially motivated offending is explored, understood and contextualised.
Girls in the youth justice system are in the minority. They can experience discrimination through stereotyping, sexist attitudes and inequality of opportunity, for instance if they have caring responsibilities for others. Notions of femininity may lead to certain views about their behaviour, experience of abuse and trauma can manifest in different ways from boys and different interventions may be appropriate to meet the needs of girls. Many girls in the justice system have been victims of abuse, violence and exploitation, including in the context of the offence which has brought them before the court. This needs thorough exploration within the report.
Faith, religion and belief may also be relevant when assessing the child’s circumstances and family life. Religious observance should always be accommodated when proposing and planning interventions with the child and their family. The support of faith and community groups should be explored depending on the nature of the offence and the needs of the child.
The requirements of children with disabilities should also be considered. The use of specialist assessments and contact with organisations and agencies who are working with the child may be able to provide informed information about their abilities.
The impact of physical or mental health; educational needs; speech, language and communication problems may all impact on the type of intervention the child can undertake and may be under-diagnosed in some ethnic groups. Additionally, the impact of trauma and difficulties with attachment may not immediately be apparent but may be contributing to the way in which the child is behaving and influence the way in which they are worked with. This is likely to be very relevant to children who have had experience of being looked after. You should be aware of ‘invisible’ disabilities, such as mental health problems or learning disabilities, and ensure that assessments are thorough and well researched.
Adolescence is a time of emerging sexuality and coming to terms with sexuality. Sexual norms can vary considerably from person to person and need to be treated with respect and sensitivity. Children may not feel comfortable talking about this aspect of their lives, may not have fully come to terms with what it means and may need support in exploring their own identity. This may make them feel vulnerable, unsafe and anxious.
This section should logically flow from the preceding information (offence analysis and assessment of the child), be congruent with the AssetPlus assessment and provide an overview of the risk to the community. It includes the following assessments:
- factors supporting positive outcomes, leading to desistance
- public safety considerations
- risks to the child’s safety or wellbeing
When considering the likelihood of reoffending, you should consider the probability of serious harm which is defined as ‘death or serious personal injury whether physical or psychological’. Risk of serious harm is the likelihood and imminence of this happening, and the impact if it did.
The likelihood of reoffending is based on the AssetPlus assessment. You should provide a clearly informed view of the:
- likelihood of the child committing further offences
- nature, degree and imminence of this occurring
- positive factors which, if built upon, could support desistance
This requires professional judgement, assessing all the information gathered and locating it in the context of what interventions might be effective in achieving positive child outcomes, leading to reduced likelihood of offending. You should distinguish between the:
- likelihood of reoffending
- seriousness of future potential offending behaviour
Whilst there may be a strong possibility of further offending, it does not necessarily follow that this will pose a direct threat of serious harm. The definition of serious harm is intended to apply to very specific circumstances where the offence warrants a custodial sentence to protect the public from death or physical injury.
Assessments should take account of positive progress being made by the child, and the reasons for this. Explanations should be unbiased, objective and not use language which unnecessarily inflates risk or negatively stereotypes the child. Evidence shows that children with Black, Asian or Mixed ethnicity can be perceived as more likely to reoffend than White children with a similar profile, and as a result become subject to a more punitive intervention than is warranted. Girls who commit certain types of offences (e.g. violence and aggression) may be viewed as a more serious risk than is warranted, because this is not regarded as normal for girls. In assessing risk of harm, you should consider the response to it and how community sentences can meet particular needs and what support cultural, and sex specific organisations and resources could provide.
The report should consider the types of intervention and support which will contribute to positive outcomes for the child and increase motivation and engagement.
You should consider the positive factors in the child’s life and their views of what would help them. A balanced judgement needs to be made about how supportive and positive factors offset some of the more negative considerations and concerns, when concluding how to manage public protection.
You must clearly evidence conclusions about public safety. Patterns of potentially harmful behaviour and their impact must be balanced with contextual information which helps to provide an understanding of the risks presented and the triggers and situations in which they are likely to arise (who, what, when, where and how) and how the child can be supported to a more positive life.
A further consideration in this section (unless it has been specifically included within the ‘assessment of the child’ section of the pre-sentence report), is the safety and wellbeing of the child. This is undertaken to consider the:
- impact of the sentence on them
- type of support and assistance to include in their intervention plan
- negative impact of custodial sentences in particular
- actions or omissions of others which may affect the child’s safety
An assessment of risk to the child should discuss:
- their emotional and mental health and well-being
- evidence of self-harming or suicidal thoughts or actions
- any risk-taking behaviour which might lead to harm
If a child is convicted of a specified offence (these are set out in schedule 18 of the Sentencing Act 2020 and the court considers there is ‘a significant risk of serious harm to the public or the commission of further offences’, it must consider whether dangerousness is involved and specifically ask the youth justice service (YJS) to undertake an assessment for this purpose. Serious harm is defined as ‘death or serious personal injury whether physical or psychological’.
A dangerousness assessment should only be used in cases where a court has made an assessment of dangerousness in accordance with the definitions given in the Act. It should not be used to refer to children who may be assessed by a YJS as presenting a risk of serious harm to others but who have not committed specified offences listed in schedule 15 of the Sentencing Act 2020 or to those who have committed such offences but a court has determined they do not meet the threshold of posing a significant risk to members of the public. Section 308 of the Sentencing Act 2020 sets out what should be considered in the assessment.
This section of the pre-sentence report should start by setting out that the offence is a specified offence under schedule 15 of the Criminal Justice Act 2003, and if relevant, that the offence is a serious offence as defined by section 224 of that Act (i.e. it is a specified offence and it is punishable by a custodial life sentence or detention for a period of ten years of more).
The assessment of dangerousness should consider all available information, including:
- the past behaviour of the child
- the offences they were convicted of
- their nature and circumstances including any concern about the child being a victim of exploitation
It should also take into account any previous patterns of behaviour (relevant to the offence type) and any known behaviour which did not proceed to charge such as incidents in school, which may have been a cause for concern. As with all other forms of assessments undertaken on children, their level of maturity may be relevant when assessing future probable behaviour.
You should not make a recommendation either way about the dangerousness of the child. The report should present the facts of past harmful behaviour, whether the child was convicted or not, to enable the court to make this decision.
You should outline a comprehensive and appropriate intervention plan to increase safety and public protection.
For more information read: The Criminal Justice Act 2003 The Sentencing Act 2020 on ‘dangerousness’ Public Protection Sentences and ‘Dangerousness’
The conclusion and proposal is the final section of the pre-sentence report (PSR). It should move towards a single proposal for sentencing, following clearly and logically on from the information contained in the previous sections of the report. The proposal should be derived from:
- the non-binding indication of the seriousness of the offence
- assessment of the child and their circumstances
- the author’s assessment of the seriousness of the offence
- the offence analysis
- their welfare and any specific considerations including concerns about exploitation or the negative effects of custody
- interventions which will support positive child outcomes, leading to desistance
- constructive plans for the child’s future
If the court provided a preliminary view on a particular disposal, but another option is preferred, the reasons for this should be explained. PSR authors should always consider all realistic alternatives to custodial orders.
The report should address the type of sentence and requirements that are most likely to support desistance and reduce the likelihood of harm to others, focus on how the child can be supported to develop a pro-social identity and lifestyle which builds on their strengths and interests. The proposal should be tailored to the circumstances of the child and the offence/s committed. Report authors should always propose a community alternative, if at all possible, to ensure that use of custody is limited only to where is is considered the only appropriate option. See also when to propose custody in a pre-sentence report.
Proposals for community sentences with youth justice service (YJS) intervention should outline:
- the expectations of the order
- the content of the intervention plan and how this will support the development of the child’s pro-social identity
- the assistance and support that will be provided to the child and their family
- the child’s view of the proposal and their collaboration in drawing up their plan
- the suggested length of order
If the court is considering imposing a custodial sentence, the impact and adverse effect on the child should be explicitly stated. This includes the impact on their:
- education, training and employment
- accommodation
- family relationships
- emotional and mental health
- safety and wellbeing
Factors related to safety and well-being should be addressed within the context of the child’s age, maturity and vulnerability and their first experience of loss of liberty. Some of these aspects may be significantly heightened for children who have been exploited, and experienced trauma. In these instances, the harmful effects of custody should be thoroughly explored, and the use of custody mitigated against.
This section should also explain the extent to which the proposal would support positive outcomes (evidence suggests that increasing experiences of custody increase the likelihood of reoffending). If it appears that custody is highly likely or is the only proportionate option, the report should discuss the potential length of sentence, how the child can be supported and risks managed with intensive support from the YJS.
The negative effects of custodial sentences on children are well documented. Custody for children should be limited to where it is considered the only appropriate option; where considered necessary it should be for the shortest appropriate period. The court should be presented with a community alternative, even if the child is refusing to work with the youth justice service (YJS). The YJS should always state their willingness to work with the child. The use of intensive community orders should always be fully explored and any very exceptional decisions about why they are not appropriate be defensible.
However, if after a carefully considered assessment, custody appears to be the only viable option because the YJS cannot manage extremely serious public protection concerns and risk of serious harm to others, the decision not to offer a community sentence should be approved by a senior manager. Prior to making this decision all available options should have been thoroughly explored and the reasons for not being able to manage the child in the community documented. The PSR should propose the length and type of custodial sentence and explain how it will impact on the child and their family.
The proposal should not include an outline of proposed interventions, as there is no guarantee they can be undertaken in custody.
Sentencing powers are determined by the person’s age at the time of conviction, and in most cases a child turns 18 after an offence is committed but before conviction they will be tried in adult court.
Sentencing guidelines state that courts should use the sentence that would have been given at the time the offence was committed as a starting point, and youth and maturity continue to inform sentencing decisions even after the child turns 18.
You should identify children who need extended supervision as early as possible. Extended supervision is the continued supervision of children who become 18 years of age at the half-way point of a Detention and Training Order. An assessment of what this might mean should be included within pre-sentence reports (PSR) and be noted in any recommendations made for sentencing. Once allocation of sentence supervision has been agreed, you should indicate which agency will be supervising the child in the PSR.
Read this practice advice on extended supervision for further information.
A Referral Order is the most common sentence for 10 to 17-years-olds. It can be given in the following circumstances:
- Children that plead guilty and are convicted by the court for the first time. In these instances, it is the only available sentencing option apart from custody.
- On a second or subsequent occasion in certain circumstances (see below).
The Sentencing Guidelines Council for Children and Young People specify that a second or subsequent Referral Order should be considered in the following circumstances, provided there has been a guilty plea:
- the offence is not serious enough for a Youth Rehabilitation Order (YRO), but the child appears to require some intervention; OR
- the offence is serious enough for a YRO but it is felt that a Referral Order would be the best disposal for the child (for example, this is because the child responded well in the past to such an order and the offence now before the court is dissimilar to that for which a Referral Order was previously imposed)
In these instances, although the Referral Order conditions are met, as custody is not being considered, it is unlikely that a pre-sentence report (PSR) will be requested, although a verbal report could be required by the court.
Arguments should be made against the use of custody in preference for the community alternative. Where the custody threshold is met, the PSR may include a more intensive Referral Order Contract. To prepare this, the youth justice service (YJS) should consider convening an informal ‘pre-sentence panel’ involving the child, their parent or carer, YJS and volunteer panel members to consider the likely content and to inform the PSR proposal.
If a Referral Order is given, the child is referred to a Referral Order Panel for the development of a Referral Order contract which is then managed by the YJS.
After the court has sentenced the child to a Referral Order and the first panel is convened, the YJS should draw its attention to the draft contract within the PSR. However, it is the Referral Order Panel which then determines the content of the contract. The panel may vary what was proposed to the court, although should consider any comments it made at the point of sentence.
For further information, please see the Referral Order guidance.
If a child is likely to reach their 18th birthday whilst being supervised by the YJS on a Referral Order, you should advise the court that whilst the YJS retains the statutory duty to implement the order, the YJS and National Probation Service will agree on how the different elements of the Referral Order contract are delivered and which agency will supervise them. For further information see the section on Transitions to the National Probation Service in the Joint National Protocol for Transitions in England and the Youth to adult transitions principles and guidance - Wales.
The Referral Order Panel report is produced after the court has made the decision to place the child on a Referral Order. A panel is convened at which the content of the Referral Order contract is agreed with the child and their parents/carers. The report is produced to inform the panel’s discussion.
The format for a Referral Order Panel report is locally determined and should ideally follow a similar format to the pre-sentence report. It will assist panel members to understand:
- the reasons and circumstances around the offence
- the child’s situation
- any safety concerns for the child or others
- what the Referral Order contract could contain
The report must be concise (usually no more than two pages), written in plain English and jargon-free. Diversity should always be considered to ensure that there is no discrimination on the grounds of race, sex, religion, looked after status or sexual orientation.
An initial section should outline the facts of the offence as accepted by the court at the point of conviction, and the child’s views of the offence, highlighting any differences and explanations of where accounts differ.
The report should use information obtained from the AssetPlus assessment to discuss concerns in relation to supporting desistance, and safety concerns about the child and the public. The report should be strengths based, highlighting the positive aspects in the child’s life which can support development of a pro-social identity and positive child outcomes including constructive factors in their lives, interests and the support networks around them.
The sentencing court may make advisory observations regarding areas of concern that they want the report author to consider. The Referral Order Panel report should conclude by setting out these issues. If a draft Intensive Referral Order Contract was included in the pre-sentence report, the report should refer to this and draw the panel’s attention to any comments the court made about the contents.
The conclusion of the report should indicate what interventions could help support desistance. Any proposals regarding the content of the contract should be proportionate and consider:
- the child’s experience of the youth justice system
- whether this is a first Referral Order
- whether there has been a previous sentence
- whether custody was under consideration
The report should also indicate the level of supervisory contact with the child and the number and frequency of contacts throughout the order. Please see how to decide the frequency of contacts arranged with children for more detail.
You should make the Referral Order Panel report available to panel members at least two days before the initial panel meeting or within other locally agreed timescales. The report should be distributed according to locally agreed protocols and information-sharing agreements, to ensure that data protection and privacy requirements are observed.
Read the Referral Order guidance for further information.
Referral Orders are managed through a Referral Order Panel. The panel should take place no more than 20 days after the court has made the order.
The composition of panels may vary, but will involve volunteers from the local community, who are trained by the youth justice service (YJS) to sit on the panel; alongside the co-ordinator (of the panel) and the child’s YJS supervising officer. The panel agrees what interventions will be delivered to the child, taking account of the information presented to them in the report.
Children and their families/carers are invited to attend and to work with the panel and the supervising officer to develop and agree a ‘contract’ which will include a range of goals, activities and interventions. The aim is to:
- assist the child to understand how they can build on their strengths and interests
- achieve positive outcomes for the child
- support the child to live a safe and crime-free life and make a positive contribution to society
When developing the contract, the panel should consider what is a proportionate response in terms of the expectations placed on the child, their wishes, feelings and interests as well as the implications for the victim. The supervisor will present information about the child to inform decision-making.
Read the Referral Order guidance for further information.
When the court has indicated the offence is serious enough to warrant a community penalty and the child has made a guilty plea, the option will be a Youth Rehabilitation Order (YRO) with requirements attached. YROs with Intensive Supervision and Surveillance, and Intensive Fostering are specifically available as alternatives to custody.
You should identify if the proposed length of the YRO will run past the child’s 18th birthday and whether they are likely to be managed by the youth justice service or National Probation Service, as this can have an impact on the requirements attached to the order and whether they can be delivered by the Probation Service.
A YRO will take effect on the date the order is made and can run for up to a maximum of three years.
If the child reoffends whilst subject to a YRO or Referral Order, the court cannot sentence to a new YRO, unless the existing order (including any existing Referral Order) has been revoked.
If a child is being sentenced for two or more associated offences on the same sentencing occasion, the court can impose YROs for each of the sentences, but they must be of the same type e.g. one cannot contain intensive conditions and the other not (Schedule 1 para 31 Criminal Justice and Immigration Act 2008). The court must specify if the orders are to run consecutively or concurrently. The cumulative number of hours must not exceed the maximum specified for any particular requirement. For example, if two Unpaid Work Requirements are included in separate YROs to run consecutively they should not exceed the maximum of 240 hours.
If a child is sentenced for another offence during a Detention and Training Order (DTO), the court can impose a YRO to run concurrently with the licence period or to commence at the end of the supervision of the DTO. If the YRO is concurrent, it does not revoke the DTO, but consideration should be given to the YRO and DTO supervision being complementary (Section 181 Sentencing Act 2020).
There are a range of requirements that can be attached to the Youth Rehabilitation Order. They are intended to be a menu of options you can use and tailor to the needs of the child. You should be familiar with the requirements available, consider what is appropriate based on your assessment of the child, their needs and in their best interests. You should assess whether the child can realistically manage the expectations placed on them.
There are no limits to the conditions which can be attached to a YRO, however, the requirements recommended should be necessary to support desistance and community safety. The composition of the YRO should be a proportionate response to the seriousness of the offence.
You should also note that the length of the YRO and the individual requirements may run to their own timescales, which may be shorter than the overall YRO. The YRO will run for the length of its longest (or latest finishing) requirement. A Supervision requirement will run for the full length of the order and not finish before any other requirement. The court may specify in the order the date or dates by which particular requirements must be completed.
The proposed requirements should be agreed with the child (and their parents or carers) to:
- establish their willingness and motivation to engage and whether there would be any difficulties in engaging with a particular requirement for health or other reasons
- whether the child is likely to be able to engage with multiple interventions and different professionals
- ensure there will not be any unintended consequences from imposing a particular requirement
- ensure the requirements do not interfere with the child’s education, training or employment
- ensure the requirements do not conflict with any other activity the child may be engaging in e.g. as part of their care plan or religious observance
Available requirements are:
- Supervision Requirement
- Programme Requirement
- Activity Requirement
- Attendance Centre Requirement
- Curfew Requirement
- Education Requirement
- Residence Requirement
- Local Authority Residence Requirement
- Drug Treatment Requirement
- Drug Testing Requirement
- Mental Health Treatment Requirement
- Intoxicating Substance Treatment Requirement
- Exclusion Requirement
- Prohibited Activity Requirement
- Electronic Monitoring Requirement
- Unpaid Work Requirement
As an alternative to custody, the court may also impose a YRO with:
- Intensive Supervision and Surveillance (for cases that meet the custody threshold)
- Intensive Fostering (for cases that meet the custody threshold)
Youth Rehabilitation Orders (YROs) usually have a Supervision Requirement requiring the child to meet with a supervising officer from the youth justice service (YJS) for the full length of the YRO. The child must work with the YJS and a designated YJS worker be responsible for leading work with the child. The YJS, together with the child, should develop and agree a plan setting out what interventions they will take as part of the Supervision Requirement.
Before writing the pre-sentence report, you should discuss with the child what activities will be part of their supervision plan and give an indication of what these might be in the pre-sentence report. The supervision plan should be proportionate to the frequency and seriousness of offending, taking into account the safety and well-being of the child and need for public protection. You will determine the number and frequency of statutory contacts you and others have with the child for the duration of the order, based on your assessment of the level of intervention required. A contact is a meeting between the child, the YJS case manager, another member of the YJS, or a member of another agency.
Please see How to decide the frequency of contacts arranged with children for further information.
A single youth justice service (YJS) case manager should be allocated to the child who will co-ordinate, sequence and monitor the completion of the requirements. If you are the case manager, you are responsible for ensuring:
- the completion of the AssetPlus assessment
- how the different requirements will be delivered, which agencies and individuals will be involved and coordinating and overseeing the overall activity
- the level and frequency of contact with the child has been determined
- regular reviews take place to monitor the child’s needs, progress and engagement
- early revocation is considered where there is positive progress
At the start of the order, you should collaborate with the child to develop the supervision plan, taking into account their views and interests. You should explain the expectations and ensure they can engage and will receive the necessary support to help them to successfully complete the order.
If the child is subject to a Programme Requirement (group work or one-to-one) or an Activity Requirement (engagement in a particular activity for a specified number of days), you should:
- ensure the child understands what the requirement means in terms of participation, how they will attend/engage and who will be delivering the sessions to them
- advise the child how many sessions they will be required to attend and the purpose of the sessions e.g. to take part in reparation or to undertake a programme that relates to the type of crime they have committed
- ensure that any individual or agency delivering on behalf of the YJS is aware of the child’s needs and goals and any other factors which may have a bearing on how they deliver the programme or activity
- monitor the child’s engagement and progress with the programme or activities, by seeking their views on how they feel it is going and obtaining the views of staff or agencies delivering inputs on behalf of the YJS
- help the child to reflect on what they have learned and how it will assist them in the future
- record attendance and progress on the YJS case management system from the programmes and activities in which they have participated
A Programme Requirement is the condition to engage in a set of activities (a programme) at a specified place for a specified duration.
Where a Programme Requirement is used alongside a Supervision Requirement, you can decide on a case by case basis whether you will assign any of the Supervision Requirement contacts to the Programme Requirement if being delivered by another agency or individual.
An Activity Requirement requires the child to engage in activities for a specified number of days (no more than 90 days in total). It will usually require the child to engage in reparation.
Where an Activity Requirement is used alongside a Supervision Requirement, you can decide on a case by case basis whether you will assign any of the Supervision Requirement contacts to the Activity Requirement if being delivered by another agency or individual.
Attendance Centres are available as a requirement within a Youth Rehabilitation Order (YRO), for children aged 10 to 17.
A Junior Attendance Centre (JAC) can also be used as a stand-alone condition in the following circumstances:
- as part of a youth conditional caution
- as a licence condition on release from custody (including for 18-year-olds who are under the supervision of the youth justice service (YJS))
- under section 60 of the Powers of Criminal Courts (Sentencing) Act 2000 for non-payment of a fine, and as a Youth Default Order under section 13 of the Criminal Justice and Immigrations Act 2008
If the JAC is a requirement of a YRO, the child will be required to attend for a set number of hours, on set days (usually at the weekend). It can be considered when the child is attending education, training or employment on weekdays. When considering the number of hours of attendance to propose in a pre-sentence report, you should consult with the JAC Officer in Charge.
If a child is aged 16 years or over at the time of conviction, the number of hours which they must attend, are on aggregate:
- no less than 12 hours
- no more than 36 hours
If the child is aged over 14 but under 16 at the time of the conviction, their aggregate number of hours must be:
- no less than 12 hours
- no more than 24 hours
A child cannot be asked to attend:
- for more than one session in any one day
- for more than three hours in one session
The Attendance Centre must be available in the child’s local area and there must be a place be available for them before the requirement is proposed to the court.
In deciding on whether to recommend a child for a JAC Requirement your AssetPlus assessment should consider:
- The child’s needs, maturity and readiness to attend a JAC, their previous engagement with the YJS, what they feel about attendance, how the sessions and programmes on offer would be beneficial to them and whether there are any alternatives.
- Whether they can successfully complete the number of hours required, whether there is anything that would prevent their attendance e.g. attending education, training or employment or any other activities they take part in, or being subject to electronic or GPS monitoring that restricts their movement to certain areas. Consideration also needs to be given to the distance the child has to travel to attend the JAC and whether the journey is feasible.
- Whether the child’s health and wellbeing affect their ability to take part in the activities or to complete the required hours.
- An assessment health and safety for the child and others. The assessment should consider whether the child can safely mix with others who may be undertaking group activities at the JAC, whether there are any safeguarding concerns and the child’s general ability to cope in group situations.
If the court has imposed attendance at a Junior Attendance Centre (JAC) as part of a Youth Rehabilitation Order (YRO), you will be the responsible ‘officer in charge’ of the JAC Requirement as well as any other requirement in the YRO (including breach). Where a child receives a JAC as a stand-alone outcome, the ‘officer in charge’ will be the responsible officer for the order (including breach). The responsible officer should notify the child of the details of attendance.
There is no prescribed programme of activity for a JAC. However, it should be:
- purposeful
- have an educational and vocational focus
- engage the child in positive developmental activities promoting desistance
- support positive child outcomes
- support the development of emotional and physical well-being, employability and life skills
You should be familiar with what is being provided and what the child is expected to do. Sessions are usually delivered on a rolling basis over a several weeks. Activities should promote engagement, take account of the diverse needs of the children attending and ensure there is appropriate provision for girls specifically.
The JAC may include sessions on the following:
- assistance with education, training and employment (including vocational activities and guidance on accessing training courses and job search)
- life skills (problem-solving skills, dealing with peer pressure, developing healthy relationships)
- confidence building, identity exploring, goal setting and planning for the future
- restorative justice and victim work to help to understand the impact of crime on the individual, victim and community
- there is no requirement to offer sport or physical exercise, however it may promote a healthy lifestyle. If it is offered, it must be delivered by a qualified coach and first aiders must be present
Children who are required to attend should receive an induction which explains to them what is expected in terms of attendance and participation in the sessions provided. The child’s youth justice service (YJS) worker may do this or agree that it is delivered by the JAC Officer in Charge.
You should ensure the child is provided with information concerning dates and times/schedule of attendance and support them by reminding them of the need to attend in advance of each session, to assist them to engage.
There should also be an assessment at the start of the child’s engagement with the JAC to ensure that safeguarding and public protection is fully considered. You should ensure you share any information which may be relevant to enable the JAC to comprehensively undertake this assessment, as well as any information which may be relevant to understanding the child’s ability to engage with the activities and sessions.
You should monitor the child’s level of engagement, understanding and progress and discuss this with them at regular intervals to help them to reflect on what they are learning and pass on positive feedback. You should also liaise with the JAC to obtain information from their records and perspective about the child’s involvement and attendance.
If there are any failures to attend and/or engage you should follow up with the child to find out the reasons why and discus with them what you and/or the JAC can do to support their engagement. If breach action is likely to be a consideration see how to respond to non-engagement.
If the child turns 18 at any point during the JAC Requirement (when a requirement of a YRO), the YJS should retain responsibility until the completion of the requirement.
The Curfew Requirement means the child must stay in a specified place during specified hours. It may be appropriate when there is an identified time-based pattern to the child’s behaviour. There can be more than one specified place and period for different days. The curfew cannot be for less than two hours or more than 20 hours in any 24-hour period with a weekly minimum of 112 hours. There cannot be different periods of curfew on different days and the requirement may not exceed six months.
Curfews are usually imposed overnight, but daytime curfews are also possible in exceptional circumstances. If a daytime curfew is under consideration, you should consider the effect on the child’s education, training and employment. When assessing whether to use a curfew, you should consider:
- the curfew time
- the child’s age, maturity and ability to understand the requirement
- the behaviour the curfew is trying to prevent
- any commitments the child has such as maintaining contact with family members who live separately
- the type of accommodation the child is living in, the implications of imposing the requirement (on the child and the household) in that accommodation, and whether monitoring equipment can be installed e.g. it may not be possible in a hostel or supported accommodation
If the curfew requires that the child does not leave their accommodation, checks need to be made to ensure the child is not unduly at risk in the household and what the impact will be on the household and any stigma it may cause. Consideration also needs to be given to how the curfew would be monitored e.g. electronically or by other means.
You should explain to the child (and their parents/carers) what the curfew means, discuss how the child can be supported to comply and the implications of not doing so. Parents and carers should be fully involved in the process.
If an Electronic Monitoring Requirement or a GPS tag is to be attached please see information on the The YRO Electronic Monitoring Requirement.
Location monitoring (GPS tags) are also available for children and are an option for Youth Rehabilitation Orders (YROs). The location monitoring tag monitors the child’s location 24 hours a day using GPS technology. The technology allows a specific zone to be monitored to ensure the child is within the zone or does not enter the zone (restricted area). It may be used as an alternative to custody. The vulnerability of the child should always be considered both in terms of the domestic setting in which they are living and the type of crime this is trying to prevent.
You should undertake database checks with the Multi Agency Safeguarding Hub (for children’s services, early help etc) and with the police. Police checks should not just be for anyone with convictions in the address, but also checks on intelligence systems for incidents where the police were called to the address but no action was taken.
Services should not recommend a tagged curfew if the household is known to be volatile, and the child might need to leave the property for their safety. As well as database checks there should always be a home visit, and interviews with the child with and without family/carers to have a full assessment of the home environment.
All of this is to mitigate the risks from requiring the child to remain in the property, and with increasing incidences of violence from children towards family members, including risks to all in the household.
It may not be suitable for all children as they have to ensure the tag is charged on a daily basis. The type of monitoring used should always be proportionate, not overly intrusive and not be used for any other purpose than monitoring the requirement. Please read the GPS Location Monitoring guidance if you are considering this.
Visit the Youth Justice Resource Hub for further information.
Most curfews will continue with the existing non-GPS Radio Frequency system which restricts the child to a single place for a fixed period, however it should be noted that GPS tags have the capacity to monitor curfew and location at the same time.
As the child’s youth justice service worker, you will need to determine how the curfew is monitored to ensure they are abiding by the conditions, and if there are any difficulties they are addressed at an early stage.
An Education Requirement is available to children up to the age of 16, or 18 if in compulsory education or training. The child must engage with approved education arrangements made by the local authority, which could be in mainstream, specialist schools or a pupil referral unit etc. The requirement can only be included if the local authority has been consulted, the Education Requirement is necessary to support the child not to offend, and arrangements exist for the child to receive full-time education.
Children should not be set up to fail if they are struggling to engage with education. Every effort should be made to explore collaboratively with the child and consider other ways in which they can be supported. If a child has a negative perception of education, enforcing attendance may be damaging. Criminalising non-attendance may undermine the attempts of professionals to engage the child.
As the child’s youth justice service worker, you should identify how you monitor the requirement by liaising with the school or education provider to assess the child’s progress, discuss any difficulties and identify what can be done to support their participation. You should involve parents/carers, seek their views and consider whether any additional voluntary support would assist them to strengthen their child’s engagement with education. You should help the child to think about how they can develop coping skills if they find attending education difficult. Positive progress and achievements should be recognised, to reinforce that these will move the child closer to their goals. If the child is struggling with attendance, you should identify what the difficulties are and how they can be resolved.
A Residence Requirement requires a child to reside with a specified person or in a specified place. The requirement can only be proposed if the child is 16 years or over at the time of conviction. The requirement may be considered when the environment the child is living in is not supportive. The residence proposed must be appropriate and suitable to be recommended to the court and the child and their parents or carers must have been fully consulted before the proposal is made. The legal parental responsibility for the child does not change.
When this requirement is under consideration, the pre-sentence report should set out relevant and comprehensive information about the child’s family circumstances and living arrangements and the likely effect of the requirement on those circumstances.
You should maintain contact with the placement provider whilst this requirement is in place to ensure that the accommodation remains suitable and supportive and continues to support wellbeing and positive outcomes. You should assess whether any changes in the child’s family circumstances impact on the appropriateness of the placement, its continuation or the necessity for the requirement to be removed.
The wishes, feelings and best interests of the child should be considered throughout. If the placement breaks down or the child requests alternative accommodation, you will need to explore what alternatives are available and what the implications are if there isn’t one or it is felt the child should be asked to reside in the accommodation for longer than they want to.
If a placement breaks down and a suitable alternative cannot be found, the youth justice service should return to court to have the Youth Rehabilitation Order amended.
A Local Authority Residence Requirement requires the child to stay in suitable accommodation arranged by the local authority for a specified period. The requirement may also specify who the child should not reside with during the Youth Rehabilitation Order. The child and their parents or carers should be fully consulted before the proposal is made. The requirement may be considered when the environment the child is living in is not supportive. It cannot be imposed unless the child was legally represented when the court was considering the requirement or, if they were not represented, they had been offered representation and subsequently refused to apply for it.
The period for which the child must reside in suitable accommodation cannot:
- exceed six months
- include any period after the child has reached 18 years of age
The local authority in which the child is to reside will be specified in the order, as well as the local authority responsible for accommodating the child and planning their care (if they are already a looked after child) or the local authority responsible for the requirement identifies a placement outside of the home area.
Children accommodated under this provision are subject to the general provisions of section 23 of the Children Act 1989 and section 120 of the Social Services and Well-being (Wales) Act 2014.This places a duty on the local authority to assess the child’s needs, plan and review the child’s care and accommodate the child for the duration of the order.
You should work closely with the local authority to ensure the accommodation provided meets the needs of the child, by ensuring it is suitable, supportive and increases positive outcomes. You should liaise with the local authority regarding the care planning arrangements for the child so that the conditions surrounding this requirement are understood and information is shared between relevant agencies about the arrangements for the child and their circumstances. If the placement breaks down and a suitable alternative cannot be found, you may have to return to court to have the YRO amended.
A Drug Treatment Requirement requires the child to attend treatment by a qualified person to reduce dependence on and misuse of drugs. This could be with a youth justice service based substance misuse worker, a specialist substance misuse voluntary sector organisation or other organisation with appropriate expertise. The child must have expressed a willingness to comply with the requirement for it to be imposed. This is different from consent to treatment. The court may not impose this order unless it is satisfied:
- the child requires treatment
- arrangements for implementing the requirement are in place
- the treatment provider has agreed they will provide the treatment (prior to the order being made)
- the child has expressed their willingness to engage
At the outset of the order you should explain to the child what will be involved, the duration of involvement, who they will be working with and how it fits with plans for their future.
You should regularly review and assess with the child and treatment provider how the child is progressing and whether the treatment is assisting them.
Lack of consent to undertake a particular form of drug treatment once the requirement is in place, does not in itself constitute an unwillingness to comply with the requirement and is not a breach, if refusal is reasonable.
If the child withdraws their willingness to engage, you should return the case to court for the court to amend or revoke the requirement.
A Drug Testing Requirement requires the child to provide samples as required to establish if they have taken drugs. This requirement can only be used:
- alongside a Drug Treatment Requirement
- when the child has expressed a willingness to comply
- there are suitable arrangements for undertaking the testing in the local area
Advice should always be taken from a mental health professional in determining whether it is an appropriate option.
The YRO must specify for each month of the requirement the minimum number of occasions on which samples are to be provided by the child. It may specify times and circumstances in which the responsible officer or treatment provider may require samples to be provided and the descriptions of the samples which may be required.
You should explain to the child the purpose of the testing is to ascertain whether they are using substances during the period they are in receipt of a Drug Treatment Requirement, when the tests will be carried out and the way in which this will be done.
You should establish with the drug testing provider the number of occasions per month on which samples are to be provided by the child and ensure that the child is clear about the expectations and what they need to prepare for.
The testing may be undertaken by the substance misuse worker in the youth justice service if they have the expertise to do this or through arrangements with external agencies including the National Probation Service or other specialist providers.
You should maintain contact with the provider to ensure the tests are being undertaken, how they inform the Drug Treatment Requirement and how the child is progressing.
If the child fails or refuses to take the test, the reasons for this should be explored with them and every effort made to encourage them to engage to help them to lead a healthy lifestyle.
The test should not be a measure of abstinence merely an indicator of progress. Failing the Drug Testing Requirement is not a breach.
A Mental Health Treatment Requirement requires the child to be treated or directed by a registered medical practitioner or registered psychologist, with the aim of improving their mental health. The treatment specified in the order could be carried out by an appropriately qualified health worker who is part of the youth justice service or by the appropriate health service e.g. Child and Adolescent Mental Health Services, and must be one of the following:
- Treatment as a resident patient in an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital within the meaning of the Mental Health Act 1983, but not in a hospital where high psychiatric services within the meaning of the Act are provided.
- Treatment as a non-resident at the institution or place specified in the order.
- Treatment by or under the supervision of a registered medical practitioner and/or a chartered psychologist as specified in the order.
The order must not go further to specify the nature of the treatment.
A court may not attach a Mental Health Treatment Requirement to a Youth Rehabilitation Order unless:
- the court is satisfied on the evidence of a registered medical practitioner approved under section 12 of the Mental Health Act 1983, that the mental condition of the child requires it
- the court is satisfied that arrangements can or have been made to treat the child, including reception of the child
- the child has expressed a willingness to comply
This requirement does not constitute admittance under the Mental Health Act 1983 and children cannot be compulsorily treated under the provisions of that Act. Willingness to comply and consent to treatment are two separate issues.
As the child’s YJS worker, you should regularly liaise with the mental health treatment provider and share information which may be relevant to the provider’s assessment of the child and their needs. At the outset of the order you should explain to the child what this requirement means. However, it would be good practice to revisit consent and ensure that they (and their family/carers) are aware that this is not compulsory treatment under the Mental Health Act 1983.
You should review and assess with the child and treatment provider how the child is progressing and whether the treatment is assisting them to improve their mental and emotional well-being.
A lack of consent to a particular form of treatment being provided once the requirement is in place, does not in itself constitute an unwillingness to comply with the requirement and is not a breach.
If the child withdraws their willingness to engage, you should return the case to court for the court to amend or revoke the requirement.
The Intoxicating Substance Treatment Requirement requires the child to attend treatment to reduce dependency on alcohol or another substance. Arrangements for the treatment must be made before being specified in the Youth Rehabilitation Order. The child must indicate their willingness to engage. All other options should be explored and exhausted before this is considered as a formal requirement. The court must be satisfied that the extent of the child’s dependency makes this requirement necessary.
Please be aware of the nitrous oxide ban:guidance
This requirement may be delivered by the youth justice service’s substance misuse worker if they have the appropriate expertise or through arrangements with an external specialist provider.
At the outset of the order you should explain to the child what this requirement involves and the duration of involvement. You should review and assess with the child and treatment provider how the child is progressing and whether the treatment is assisting them to stop or reduce their use of substances.
A lack of consent to a particular form of treatment being provided once the requirement is in place, does not in itself constitute an unwillingness to comply with the requirement and is not a breach.
If the child withdraws their willingness to engage, you should return the case to court for the court to amend or revoke the requirement.
The Exclusion Requirement prohibits the child from going into a specified area for a specified time period. The specified period must not be longer than three months. The requirement may be appropriate where the child’s offending relates to a particular area or premises. The prohibited area should be one that is directly associated with their offending. For example, it would not be appropriate to restrict from an entire whole local authority area, or a very wide geographical locality such as the whole of the M25 area.
In assessing whether the requirement is appropriate, careful consideration should be given to ensuring it is in the best interests of the child, takes into account their vulnerability if movement is restricted and whether it will reduce the contact they have with their support network. You should also check whether it is likely to have any impact on other activities and requirements they are being asked to fulfil so there is no conflict.
You should consider the child’s ability to comprehend what exclusion means and whether they would need any support to maintain the requirement. You should explain the exclusion area to the child by giving them a marked map which clearly indicates where they should not go and why. If they are unable to understand a map you should find an appropriate way of explaining what is required and check that they understand. Families, carers and others supporting the child should be informed of the exclusion area and be consulted about how they can support the child to comply.
If an Electronic Monitoring requirement is to be attached or a GPS tag please see The YRO Electronic Monitoring Requirement.
Location monitoring (GPS tags) are also available for children and are an option for Youth Rehabilitation Orders. The location monitoring tag monitors the child’s location 24 hours a day using GPS technology. The technology allows a specific zone to be monitored to ensure the child is within the zone or does not enter the zone (restricted area). It should only be used in exceptional cases, as this is a highly restrictive measure. The vulnerability of the child should always be considered both in terms of the domestic setting in which they are living and the type of crime this is trying to prevent. It may not be suitable for all children as they have to ensure the tag is charged on a daily basis. The type of monitoring used should always be proportionate and not be used for any other purpose than monitoring the requirement. Please read the GPS Location Monitoring guidance if you are considering this.
Further information on location monitoring is on the Youth Justice Resource Hub.
Once the order has been made you should revisit what the Exclusion Requirement covers with the child and their parents/carers to reiterate what is required and to check they are clear about which premises/localities they should not enter. If the child was given a map or any materials illustrating where they should not go, it may be helpful to go over this again to check whether any difficulties are anticipated, if there are any concerns and to advise the child that if anything changes which may make the exclusion requirement difficult to comply with they should let you know.
You should also check whether the Exclusion Requirement is likely to have any impact on other activities and requirements the child is being asked to undertake as part of their Youth Rehabilitation Order. You should do this as supervision plans are developed, so there is no conflict and the expectations on the child remain realistic and proportionate.
The Electronic Monitoring Requirement may be attached to a Curfew Requirement and an Exclusion Requirement or as a standalone requirement where assessed necessary. The AssetPlus assessment should be used to determine whether the child is able to manage the restrictions of liberty this requirement imposes and how it will support the Curfew or Exclusion Requirements.
If electronic monitoring is to be used to support a curfew, the suitability of the address should be assessed and discussions held with the parent/carer, local authority or other accommodation provider, depending on where the child is living, to gain their consent to the installation of the monitoring equipment. If the child is looked after you should liaise with their social worker.
You should make a number of checks to assess whether recommending an Electronic Monitoring Requirement is suitable. These include database checks with children’s services and as wide a range of police intelligence services as possible, plus any other agencies which may have relevant intelligence on home circumstances. You should not recommend this an requirement if the home situation is known to be volatile, and the child might need to be able to leave the property for their safety. As well as database checks you should always visit the home and interview the child with and without family/carers to have a full assessment of the home environment. Restrictions on physically leaving a property can place a great deal of strain on the household, and the purpose of the assessment is to mitigate the risks from requiring the child to remain in the property, both to the child and to all others in the household.
It should be noted that the court must also impose an Electronic Monitoring Requirement unless it believes it is inappropriate in the circumstances of the case. However, in putting this recommendation forward you should ensure that it is a proportionate response to the child’s behaviour – usually only as an alternative to custody. Care should be taken to ensure the requirement is not used for children who are vulnerable as a means of monitoring their whereabouts in place of ensuring they get the services they need.
For further information on the use of electronic monitoring for cases involving curfew:
The joint protocol between youth justice services and electronic monitoring providers,
Location monitoring (GPS tags) is also available for children and is an option for YROs. The location monitoring tag monitors the child’s location 24 hours a day using GPS technology. The technology allows a specific zone to be monitored to ensure the child is within the zone or does not enter the zone (restricted area). It should be used to help support the child in the community and meet the requirements of their court order. The vulnerability of the child should always be considered both in terms of the domestic setting in which they are living and the type of crime that this is trying to prevent. It may not be suitable for all children as they have to ensure that the tag is charged on a daily basis. The type of monitoring used should always be proportionate, not overly intrusive and not be used for any other purpose than monitoring the requirement.
Please read the GPS Location Monitoring guidance if you are considering this.
For further information on location monitoring:
If the Electronic Monitoring Requirement and a Curfew or Exclusion Zone Requirement are the only requirements attached to the Youth Rehabilitation Order (YRO), it is the electronic monitoring service which is responsible for almost every aspect of the order and not the youth justice service (YJS). The exceptions to this are applications to vary, revoke or breach an order, which are the responsibility of the YJS. The YJS’s role in managing the YRO is to ensure there are arrangements in place for consistent communication with the agency supplying the monitoring equipment so that any concerns or breaches are promptly passed on and dealt with.
AssetPlus assessments should be used to determine whether the child is able to manage the restriction of liberty this requirement entails. However, there may be occasions where an assessment has not been completed, but the court nevertheless imposes the Electronic Monitoring Requirement. If this occurs, it is good practice to complete the assessment post sentence.
After sentencing you should contact the electronic monitoring service within one working day. You should provide them with the name of the YJS worker who should be contacted if the electronic monitoring service seeks a variation, revocation or breach of the order. You may use the Supervising Officer contact details form to convey this information.
Electronic monitoring services are responsible for:
- fitting electronic monitoring devices (tags)
- monitoring engagement and passing information the YJS
- issuing warning letters
It is good practice (but not a requirement of the order) for YJSs to develop locally agreed procedures for allocating a worker to support the child on a voluntary basis and to liaise with the electronic monitoring service. This may help to reduce the likelihood of avoidable violations occurring, provide the child with a point of contact and alert the electronic monitoring service to any change in the child’s circumstances that it needs to consider. However, it does not transfer any responsibilities from the electronic monitoring service to the YJS.
The electronic monitoring service should inform the child’s youth justice service (YJS) worker when a child does not comply with the Electronic Monitoring Requirement. The child’s YJS worker should then investigate with the child, identify any barriers and how these could be overcome. Every effort should be made to support the child to meet the requirement.
On the rare occasions when enforcement action is taken, it is the responsibility of the electronic monitoring service to:
- lay information before the court
- book a hearing date
- prepare a breach pack for the YJS and provide witnesses where required
Only the electronic monitoring service is able to withdraw the case prior to court.
On receipt of information that court action is required, YJSs are responsible for presenting the case to court, appointing counsel where necessary and providing any subsequent advice to the court, and to the child and their family. YJSs may also withdraw cases at court where the interests of justice are served.
YJSs remain responsible for:
- informing electronic monitoring services of adjournments
- trial dates
- the eventual outcome of proceedings
The joint protocol between YJSs and electronic monitoring providers, provides further information on the electronic monitoring of children in the youth justice system.
The Prohibited Activity Requirement restricts the child from undertaking activity on the day or days specified and during a specified period of time. The proposed restriction should be proportionate to the behaviour it is seeking to prevent. Prohibited activity can include not contacting certain people.
Once the order has been made you should revisit what the Prohibited Activity Requirement covers with the child and their parents/carers to ensure they are clear about what they should not do. You should make the child aware the requirement will be monitored and advise them if they are having any difficulty, they should discuss it with you.
The Unpaid Work Requirement is available for 16 and 17 at the time of their conviction.
The requirement can be for a minimum of 40 hours to a maximum of 240 hours over a 12-month period. The hours must be completed within 12 months of the sentence date. There are no legislative conditions around the specific number of hours of unpaid work that a child must complete per day, however it is expected it would be a minimum of four hours a day or 16 hours over seven days where appropriate. The requirement remains in place until the child has completed the number of hours specified in the order.
Children receiving this requirement are usually not in employment, training or education. If they are, careful consideration needs to be given as to why the requirement is appropriate.
The AssetPlus assessment should inform whether a child should be recommended for this requirement. Consideration should be given to:
- the needs of the child, their maturity and ability to engage in community-based activity
- their current education, training and employment (ETE) status and attendance and engagement with ETE
- the scope for the Unpaid Work Requirement for the child to develop skills, gain a qualification and increase employability
- the child’s health and wellbeing and their ability to undertake reparation to the community which usually involves some form of physical activity
- an assessment of the safety and wellbeing of the child or others, as the requirement is generally group work based, with the provider delivering activities to children referred from different youth justice services (YJSs) and/or different geographical areas within the same YJS to ensure children can safely mix together
- the child’s own views on whether they can undertake and complete the number of hours successfully, and the YJSs assessment of any factors that would prevent them from doing so or other restrictions and conditions on their order such as electronic tagging that might impact on their ability to attend the designated location
- what support the child would need to successfully complete the requirement
- whether the child can integrate and feel safe and secure in a group, particularly with people they do not know
- how the requirement can support desistance
- how the requirement can contribute to the development of vocational and employability skills
The court must be satisfied that provision is available in the local area before imposing the requirement.
Following sentence, the expectations and requirements should be fully explained to the child (and their parents/carers) to check their understanding and what will happen if they have difficulty in carrying out the requirement. They should be provided with information about where to attend, what they will be doing and the dates and times/schedule of attendance. This should ensure they are able to get to and from the required location at the appointed times. The child’s engagement and progress with unpaid work should be checked at regular agreed intervals. They should be advised of who they can talk to should they have any problems and how to contact them.
There is no prescribed activity which constitutes unpaid work. The options should be fully discussed and explored with the child. They should be encouraged to share their views about what activity to undertake. Unpaid work should support positive child outcomes by providing the opportunity for learning and development. Ideally, it should assist the child to acquire skills, qualifications and experience. This is in line with routes to the child’s future pro-social self and will directly aid future employability.
You should be familiar with the local arrangements for making referrals to unpaid work providers in your area and the nature and type of unpaid work provided. There is an expectation that the provider will undertake an assessment of the child before any work commences and the requirement should commence within five days of sentence. You should ensure that you are aware of the child’s progress throughout and if there are any difficulties discuss them with the child and provider. The work must not be undertaken in any way which could cause stigma or humiliation, such as wearing a high visibility vest.
The youth justice service is responsible for addressing any breach of this requirement. If the provider identifies any additional needs of the child which cannot be met, they should discuss them with the child’s case manager who should then decide whether the requirement is still suitable.
As case manager, you should also consider referring the child to the education officer in the team for further advice and guidance on education, training and employment opportunities and/or careers advice. For further information on unpaid work, please read the model on the Youth Justice Resource Hub
Intensive Supervision and Surveillance (ISS) is a direct alternative to custody. It should always be considered as a proposal in a pre-sentence report for children who are at risk of custody. However, it may not always be the most suitable option. Factors you may want to consider when assessing a child for ISS are:
- Would ISS be in the best interests of children?
- Would ISS recognise their particular needs and capabilities?
- Will the work delivered be child focused and developmentally informed?
- Have you considered all other community based orders as alternative means to protect the public from harm?
You should always consider whether you can propose an alternative option using a combination of the other requirements that can be attached to a Youth Rehabilitation Order (YRO). ISS includes an expectation of a high level of appointments weekly, so your assessment should consider whether the child can manage the amount of contact required to ensure they are not set up to fail. ISS is accompanied by an electronically monitored curfew, which is the element described as ‘surveillance’.
All youth justice services (YJSs) must ensure that they have the capability and capacity to propose and deliver ISS and provide the court with credible alternatives to custody. ISS does not have to be delivered by dedicated ISS workers, but can be delivered with contributions from various workers within and external to the YJS.
ISS is imposed for between 90 and 180 days. It should also be noted that ISS can also be a condition of bail or as a licence condition of a detention and training order. A YRO with ISS must include a Supervision Requirement, Curfew Requirement, Electronic Monitoring Requirement and an extended Activity Requirement, but can also include any other requirement.
An ISS programme will usually include many of the following:
- Education, training or employment, which should align to any education or training the child is undertaking prior to the order; and is likely to be the main element of the programme. If a child is not in any education or training this does not preclude ISS but it may be necessary to tailor expectations until provision is in place.
- Restorative work, where the child has the maturity and cognitive ability to engage with this type of activity. Please see restorative approaches and how to use them for more detail
- Identifying activities with the child that will support skills and strengths and encourage positive outcomes, leading to desistance.
- Sessions with parents/carers to ensure they understand the requirement of ISS and what they can do to support the child throughout.
There may be variations in how each of the elements are delivered case by case and YJS by YJS. As resources and services vary considerably from area to area and programmes should be tailored to the needs of each individual child. The key consideration is to ensure the court will have confidence in what is being proposed.
Intensive Supervision and Surveillance (ISS) should be a positive measure to address complex factors that are barriers to positive child outcomes. ISS begins as a very intensive package of support, with a high level of contact and structured activity for the child, which tapers as their position stabilises. The frequency of contact at the start, and the extent of the tapering, should be decided by professional assessment determined by the circumstances of each individual child. If the child is struggling to cope you should assess whether it is the right response and what could be provided in its place. As this is an alternative to custody, consideration should also be given to maintaining the confidence of the court and the integrity of the order. Decisions should be defensible, discussed and agreed with a manager and the reasons for substantive changes clearly recorded.
The quality of contact and engagement with the child will be important because of the intense nature of the order. Children subject to this requirement are likely to need significant practical and emotional support and building a constructive and trusting relationship with them should be a key part of the delivery of the order. ISS is a complex intervention potentially requiring the involvement of a range of individuals and organisations. YJS workers should consider the impact for children who have experienced trauma and those who may be distrustful of professional involvement as in these instances limiting the numbers of workers they are involved with may be important. Progress should be kept under regular review, approaches re-assessed and plans adjusted to reflect the progress the child is making.
Intensive Fostering can only be proposed when the court is dealing with a child for an offence requiring imprisonment as it is a direct alternative to custody. Before being proposed the child, their parent/carer and the local authority must be consulted. In imposing this condition, the court must be satisfied that:
- it is dealing with the child for an offence that is punishable with imprisonment
- the offence or combination of offences, is so serious that if a Youth Rehabilitation Order (YRO) with Intensive Fostering was not implemented, a custodial sentence would be appropriate
- If the child was under 15 years of age at the time of conviction, the court must be of the opinion that they are a ‘persistent offender’ (as defined by legislation)
For the definition of a ‘persistent offender’ see section 6.4 Sentencing Children and Young People, Sentencing Guidelines Council (2017).
A YRO with Intensive Fostering cannot be imposed unless there is identified provision. The court may not order a YRO with Intensive Fostering unless the child is legally represented or, if not represented, they must have been offered such representation and subsequently refused or failed to apply for it.
A YRO with Intensive Fostering must also impose a Supervision Requirement. Other requirements can also be added, but the order will continue to be referred to as a YRO with Intensive Fostering.
The requirement must end no later than 12 months from when the requirement first has effect and must not include any period beyond the child’s 18th birthday.
If Intensive Fostering is imposed the local authority will place the child with a fostering provider. You should work closely with the local authority to ensure the accommodation meets the needs of the child and they will receive sufficient support to improve child outcomes, leading to increased chances of desistance.
You should liaise with the local authority regarding any plans which assess the child’s needs, which review their care arrangements and plans for them as a child looked-after. This is to ensure that the conditions surrounding the requirement are understood and information is shared between relevant agencies about the arrangements for the child and their circumstances which will include clarifying the role of the youth justice service, children’s services and the fostering provider in supporting the child.
The youth justice service (YJS) should have quality assurance processes in place which review all reports before they are presented to the court or a Referral Order Panel. This should include a process for management oversight and sign-off. The process can assist practitioners to improve their report writing skills. It also ensures that what is presented to the court sets out the most suitable way of dealing with the child, is in their best interests and interventions proposed will promote positive child outcomes, and support desistance.
In quality assuring reports, consideration should be given to whether the report is:
- Balanced: creates a constructive narrative for developing the child’s pro-social identity and future.
- Impartial: based on information from a range of sources including the child’s views, Crown Prosecution Service information, assessment by the YJS worker and the views of any victim/s.
- Timely: produced in line with the timescales set out in guidance, or those agreed locally with the court.
- Focussed: analytical rather than descriptive, following a logical structure, free from discriminatory language and stereotypes: reports must be sensitive to factors of difference, and treat children with fairness, dignity and respect.
- Factually accurate: information in reports must be verified.
- Promotes fairness: ensure that diverse needs are met in plans and proposals.
- Constructive: contain a proposal that is clear to the court with a well-argued rationale for the sentence indicated.
- Understandable: to the child and parents/carers: use plain language, jargon and acronym free. Children and their parents/carers and legal representatives must have the opportunity to read the report prior to the court or panel, in translation if needed.
The YJS may also want to consider other processes for monitoring the quality of their court work. The standards for children in the youth justice system provides a framework for this.
The YJS should also monitor court outcomes and sentencing decisions, the effectiveness of their court reports and outcomes in relation to ethnicity to identify disproportionality to be able to address it.
For further information see the ways to improve quality section of this guidance.
If you have been unable to prepare a pre-sentence report as requested, you should provide the court with written reasons explaining why it was not completed. The likely reasons for this are:
- You have been unable to engage the child. If you have not been able to engage despite every effort to do so, the court should be informed in writing. The court may impose a bail condition requiring the child to co-operate with the preparation of a pre-sentence report. You should consider ways to support engagement, such as a change of worker.
- There are exceptional circumstances. In very exceptional situations, such as extensive and prolonged staff sickness and/or significant disruption to normal working arrangements, where it has been impossible to provide a pre-sentence report, the court should be informed in advance by a letter from the youth justice service (YJS) manager. It should be noted that courts have the authority to issue a Wasted Cost Order against the YJS where they consider that the failure amounts to serious misconduct.