Examination Timing: 00H11M12S
You are at your local police station advising Harry Taylor, aged 14, who has been arrested on suspicion of burglary. You have obtained disclosure from the investigating officer, and everyone is now waiting for Harry’s mother to attend as appropriate adult. Harry lives with his mother, who is his sole carer. For the purpose of this question, assume that Harry is charged with the offence of burglary and he is bailed to attend his local youth court. He answers his bail and tells his legal adviser that he intends to plead guilty to the charge. In light of the above information and assuming that the court will deal with his case, which ONE OR MORE of the following represents the BEST ADVICE to give Harry about what is likely to happen when he and his mother appear before the youth court? I. As burglary is an either way offence, Harry will be asked to indicate his plea at the plea before venue hearing. II. If Harry pleads guilty, he will be made the subject of a referral order. III. If Harry pleads guilty, Harry’s mother is likely to be made the subject of a parenting order.
< 上一页
Your selected option: C
下一页 >
Although burglary is an either way offence, the plea before venue procedure does not apply in the youth court, making statement I incorrect. Given that Harry intends to plead guilty and has no previous convictions, the court is likely to make him the subject of a referral order, as this is a common non-custodial sentence for young offenders, thus making statement II correct. Additionally, since Harry is under 16, the court is likely to make his mother the subject of a parenting order if it deems it necessary to prevent further offending, especially considering Harry's previous interactions with the law, making statement III correct.
Key Point: This question assesses the procedures and potential outcomes in the youth court system for a young offender pleading guilty to an either way offence, emphasising the roles of referral orders and parenting orders.
收集问题
what is referral order and parenting order
Certainly! Let's clarify the terms "referral order" and "parenting order" for you:
### Referral Order
A **referral order** is a common outcome for young offenders, particularly those pleading guilty and who have no previous convictions. Here's what you should know:
1. **Purpose**: The goal of a referral order is to prevent re-offending by addressing the underlying issues that led to the criminal behaviour.
2. **Youth Offender Panel**: When a youth court makes a referral order, the young offender is referred to a youth offender panel. This panel usually consists of trained community volunteers and a youth offending team (YOT) officer.
3. **Contract**: The young offender will agree to a "contract" during these sessions, which includes commitments to various activities or behaviours aimed at rehabilitation. This might involve attending school, adhering to a curfew, or participating in community service projects.
4. **Length**: Referral orders typically last between 3 and 12 months, depending on the seriousness of the offence and the individual needs of the young person.
### Parenting Order
A **parenting order** is a measure aimed at the parents or guardians of young offenders. Here's what you should know:
1. **Purpose**: Parenting orders are intended to provide support to the parents or guardians to help them manage their child's behaviour more effectively.
2. **Requirements**: Under a parenting order, parents might be required to attend counselling or guidance sessions to develop better parenting skills. They may also be required to ensure their child complies with conditions set out in the referral order.
3. **Duration**: The order can last for up to 12 months and includes a counselling or guidance element that lasts up to three months.
4. **Consequences**: If a parent fails to comply with a parenting order, they could face legal consequences, including fines.
In summary, if Harry pleads guilty, he’s likely to receive a referral order, which focuses on his rehabilitation. Additionally, his mother might be given a parenting order aimed at supporting her in preventing further offending. This structured support aims to correct the behaviour of the young offender and address any issues at home that might contribute to delinquency.
If you have any more questions, feel free to ask! Keep up the great work!