- Available for children and young people aged 12-17 years old. If the child or young person is 12-14 years old, the order can only be made if they are a persistent offender.
- The minimum DTO is 4 months, and the maximum is 24 months. Consecutive DTOs may be imposed provided the total does not exceed the maximum period.
- A written pre-sentence report must be considered.
- Offence(s) must be so serious that custody is the only appropriate penalty. Need to give reasons why a YRO with ISS/Fostering cannot be justified.
For the offence(s) we are making a detention and training order for a period of ………… months.
[Where there is more than one offence state whether concurrent or consecutive.]
1. We believe this is necessary because the offence(s) is/are so serious that custody is the only option because …………
[Using your sentencing form, give your reasons including:
-
- Your assessment of the aggravating or mitigating circumstances that determine the level of culpability and degree of harm caused (offence).
- Child or young person’s personal mitigation (offender).]
We have reduced your sentence because you pleaded guilty. If you had not, it would have been …………
………… days that you have spent on a tagged curfew will count towards this sentence.
Where the defendant has been subject to a qualifying tagged bail curfew
You have already spent […………insert number of days] on a tagged bail curfew and had to stay at a particular address for 9 hours or more each day.
[If the defendant is still subject to the tagged curfew] We do not count today as you will be serving a custodial sentence.
[If applicable] We reduce this period by […………insert number of days] because you were subject to temporary release/an order/a detention and training order which included a tagged curfew requirement.
Because of this, […………insert number of days i.e. the calculated credit period] counts towards your sentence.
The appropriate authority/Young Offenders Institute will calculate how this affects your date of release. If there has been any mistake made in working out this figure, it can be corrected without you having to come back to court.
We cannot justify imposing a youth rehabilitation order with intensive supervision and surveillance or fostering because …………
[or]
2. We find that you have wilfully and persistently breached your youth rehabilitation orders by ………… [give details].
The court has now decided it has no option but to pass a custodial sentence which will be for a period of ………… months.
[If applicable.] We have taken into account the fact that you complied with some of your order.
- The time you have already spent on remand will be calculated by the Young Offender Institution and will count towards this sentence.
- You will normally be released once you have served half your sentence. You will be told what to do when you are released. If you do not do as you are told, you will be brought back to court and may be fined, asked to complete a further period of supervision or sent back into custody.
Do you understand?
[Consider any ancillary orders.]
You must also pay a surcharge of £………… This money is used to fund victim services.