When sentencing young adult offenders (18-25 years), courts should be aware that age and/or lack of maturity can affect the offender’s responsibility for the offence and the effect of the sentence on the offender. When considering a custodial or community sentence for a young adult, the court should ask Probation for a pre-sentence report. In particular young adults are still developing neurologically and consequently may be less able to:
- evaluate the consequences of their actions;
- limit impulsivity; and
- limit risk taking.
Young adults are likely to be susceptible to peer pressure and are more likely to take risks or behave impulsively when in company with their peers. Environment plays a role in neurological development and factors such as adverse childhood experiences including deprivation and/or abuse may affect development.
When considering sentencing options for young adult offenders, courts should be aware that an immature offender may find it particularly difficult to cope with custody and therefore may be more susceptible to self-harm in custody, and that an immature offender may find it particularly difficult to cope with the requirements of a community order without appropriate support. However, there is a greater capacity for change in immature offenders and they may be more receptive to opportunities to address their offending behaviour and change their conduct.
Courts should be aware that the emotional and developmental age of an offender is of at least equal importance to their chronological age (if not greater).