Sentence


When a young person has been found guilty, or pleads guilty, the judge, sheriff or JP will decide what sentence is appropriate. They may defer sentencing for days or weeks, during which the young person may be:


Criminal Justice Social Work Report (CJSWR)

The court may request a CJSWR to help decide the appropriate sentence. The report should be informed by an ASSET/YLS-CMI risk assessment and, where appropriate, other specialist risk assessment tools (the Risk Management Authority provide an overview of tools).

For young people under 17 years 6 months, the report should comment on the option of remittal back to the children’s hearings system (CHS) and “be clear that remittal is being considered with a view to work being undertaken” (Scottish Government, 2010, p.52).

To be remitted the young person does not need to be subject to a Compulsory Supervision Order (CSO) or have been previously known to the CHS. The rules on remittal are set out in section 49 Criminal Procedure (Scotland) Act 1995.

Remittal can be either for:


Sentence: Non-custodial

All alternatives to secure care and custody should be explored (see alternatives to custody for more information).

Before the young person leaves court, the court social worker and the defence agents (e.g. solicitor) should:


Sentence: Detention in secure care or custody

Where detention is deemed necessary, secure care should be used wherever possible as an alternative to Young Offender Institutions (YOIs).

The Criminal Justice and Licensing (Scotland) Act 2010 specifies the presumption against sentences under 3 months.

GIRFEC principles should apply to all work with young people in secure care or custody, regardless of whether they are subject to measures through the CHS (Centre for Youth and Criminal Justice, 2013).

In rare circumstances, a young person who has committed a serious offence (usually of a violent or sexual nature), and who is assessed a presenting an on-going risk of harm to others, may be made subject to an Order for Lifelong Restriction (OLR). The court will impose a minimum period of detention in custody (called the ‘punishment part’) but the young person will not be released until the Parole Board decides that the risk they pose can be safely managed in the community.

Sentences to detention can also have imposed an extended sentence or Supervised Release Order.


Scottish Ministers

Scottish Ministers are responsible for placing and managing:

In the above cases, where detention is likely or has happened, contact should be made by the young person’s social worker with the CYP Placement Manager at the earliest opportunity.


Procedure following sentence to secure care or custody

The young person will be handcuffed and taken to the cell area in the court building until transport is available. On reaching this area, handcuffs will be removed and belongings bagged to be transported to the secure unit or YOI with the young person.

The young person should be interviewed by the court social worker to (Scottish Government, September 2011a; 2010):

The court social worker should also:

Throughcare starts at the point of sentence and “refers to a range of social work and other support services to prisoners from the point of sentence or remand, during their period of imprisonment and subsequent release into the community” (Scottish Government, 2011b, p.9).


Information sharing

Sentences must be fully explained to young people and their families. This is particularly important where a young person is sentenced to detention, which may affect caring arrangements, housing, finance and the physical and mental health of the whole family.

Useful information is contained in Families Outside information sheets Preparing for a Prison Sentence and “At Court” Information for families when a relative or friend has been sent to prison, and on how families can be supported in the Framework for the support of families affected by the Criminal Justice System.


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