Principles of Sentencing Juveniles and Young Offenders
| Published date | 01 November 1989 |
| DOI | 10.1177/002201838905300406 |
| Date | 01 November 1989 |
| Author | F. G. Davies |
| Subject Matter | Comment |
COMMENT
PRINCIPLES OF SENTENCING JUVENILES AND YOUNG
OFFENDERS
Following the implementation of the main sentencing provisions
of the Criminal Justice Act 1982(May 24, 1983), it was clear from
the outset that the intention of Parliament was to limit the powers
of criminal courts to impose custodial sentences in respect of young
offenders aged 17 to 21 years and juvenile offenders aged 14 to 16
years inclusive. The Court of Appeal reinforced this policy by
prescribing ageneral principle that adetention centre order or
youth custody sentence should not be imposed unless the statutory
conditions imposed by the 1982 Act were satisfied: R. v. Moffett
(1984) 6
Cr.App.R.(S.)
90; R. v. Grimes (1985) 7 Cr.App.R.(S.)
137.
Section 1 of the Criminal Justice Act 1982, provided that where
aperson under 21 years was convicted or found guilty of an
offence, the court could not pass a detention centre order or youth
custody sentence unless it was of the opinion that no other method
of dealing with him was appropriate because it appeared to the
court that: (a) he is unwilling or unable to respond to non-custodial
penalties; or (b) because acustodial sentence is necessary for the
protection of the public; or (c) because the offence was so serious
that anon-custodial penalty cannot be justified.
One
of the main difficulties facing the courts, albeit the magis-
trates' court or the Crown Court was the offender who had
committed a string of offences which in isolation, were not so
serious that acustodial sentence might be imposed, but having
regard to the totality principle, a custodial sentence might be
necessary in the public interest. In brief, the totality principle can
be summarised as follows: where a court is dealing with an offender
in respect of several offences, a custodial sentence might be
justified having regard to the total criminality of the accused.
Once the court has carefully calculated the sentence in respect
of each individual offence, it should review the aggregate sentence
and decide whether the total sentence is just and appropriate. The
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