Young Offenders in UK Law

Leading Cases
  • R v Imran Hussain Ghafoor
    • Court of Appeal (Criminal Division)
    • 19 Julho 2002

    The approach to be adopted where a defendant crosses a relevant age threshold between the date of the commission of the offence and the date of conviction should now be clear. The starting point is the sentence that the defendant would have been likely to receive if he had been sentenced at the date of the commission of the offence.

  • R v Morgan Clarke
    • Court of Appeal (Criminal Division)
    • 24 Janeiro 2018

    Reaching the age of 18 has many legal consequences, but it does not present a cliff edge for the purposes of sentencing. com/child-adolescent; 17 January 2018) is that young people continue to mature, albeit at different rates, for some time beyond their 18 th birthdays. The youth and maturity of an offender will be factors that inform any sentencing decision, even if an offender has passed his or her 18 th birthday.

  • R (Scholes) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 17 Outubro 2006

    The evidence at the Inquest revealed a worrying situation with regard to the detention of young offenders. On the evidence, vulnerable young offenders, such as Joseph, have been detained in conditions unsuitable for their safety and their lives. That having been revealed in a properly conducted Inquest, there is, in my judgment, a duty upon the Secretary of State to investigate further what remedial action can be taken.

  • R v Benjamin Peters, Daniel Roy Palmer and Shantelle Jamine Campbell
    • Court of Appeal (Criminal Division)
    • 10 Março 2005

    It has long been understood that considerations of age and maturity are usually relevant to the culpability of an offender and the seriousness of the offence. These levels are not postponed until nor suddenly accelerated by an eighteenth or twenty-first birthday.

  • R v Caines and Another
    • Court of Appeal (Criminal Division)
    • 23 Novembro 2006

    From time to time, the court will be provided with updated information about the offender. In short, post sentence information may impact on and produce a reduction in sentence (for a recent example of post sentence evidence bearing on and explaining aspects of mitigation, with a consequent reduction in the minimum term following conviction for murder, see R v Sampson, unreported, 24 October 2006).

  • R v Lang
    • Court of Appeal (Criminal Division)
    • 03 Novembro 2005

    It is still necessary, when sentencing young offenders, to bear in mind that, within a shorter time than adults, they may change and develop. This and their level of maturity may be highly pertinent when assessing what their future conduct may be and whether it may give rise to significant risk of serious harm.

  • R v Terrel Williams
    • Court of Appeal (Criminal Division)
    • 12 Outubro 2009

    That paragraph also provides authority for another important principle, which underlines the Youth Justice Board recommendation, namely that in order to establish a finding of dangerousness, for the purposes of passing an indeterminate sentence, a young offender must show a very high risk of causing serious harm. No such very high risk was demonstrated or shown in the pre-sentence report which identified the risk as medium.

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