Frequently Asked Questions

Frequently Asked Questions Scaled Approach, the Youth Rehabilitation Order and the Criminal Justice and Immigration Act 2008 Author: YJB YJB 2009 www.yjb.gov.uk

Scaled Approach Model 8 1. Why has the YJB introduced the Scaled Approach? 8 2. Does the Scaled Approach apply equally in England and in Wales? 8 3. The Scaled Approach model was amended in February 2009. What are the changes and why were they made? 8 4. Does the YJB have any plans to amend the Scaled Approach further? 9 5. Why did the YJB include static factors to determine the likelihood of reoffending component of the Scaled Approach? 9 6. The static factors are based on 2003 research. Will the YJB update this research to base the static factors on recent research? 9 7. How was the scoring system for the static factors determined? 9 8. Do absolute discharges count as previous convictions for the purposes of the static factors? 10 9. Does the 'offence type' static factor relate to the gravity of the offence? 10 10. If a young person has committed a motoring or burglary offence before but their current offence is not one of these, should it be scored in the offence type static factor? 10 11. What motoring and burglary offences should we count? 10 Practice implications - Scaled Approach 13 12. What types of orders and interventions does the Scaled Approach affect? 13 13. Will two young people committing the same offence receive different disposals under the Scaled Approach? 13 14. Where should YOTs include the likelihood of reoffending and risk of serious harm score in their pre-sentence reports? 13 15. Is there an increased chance of breach for young people assessed as requiring a high level of intervention? 14 16. Are attendance centres available only for young people assessed as requiring a standard intervention level? 14 17. How should we manage young people with welfare needs or at risk of harm from themselves or others but assessed as being low risk to the public or low likelihood of reoffending? 14 18. Is there an expectation that the YOT will have to provide and be present for all contacts with a young person? 15 19. Does the Scaled Approach apply to the secure estate? If so how? 15 20. Will those young people released on licence to the community automatically receive an intensive level of intervention according to the Scaled Approach bandings? 15 21. Is the Scaled Approach compulsory? 15 22. Can I adapt the Scaled Approach to fit my resources? 16 23. What is the likely impact upon YOT resources? 16 24. How does the Scaled Approach fit with the Deter Young Offender (DYO) scheme? 16 Frequently Asked Questions 2

25. Is the tool that automatically populates the pre-sentence report from Asset ready to use for the Scaled Approach and YRO? 17 26. How does the Scaled Approach apply to young people who commit sexual offences? 17 27. Can the Scaled Approach intervention level change during the course of a YRO? 18 28. Can the Scaled Approach intervention level be altered up or down during the order outside of the set reductions at the three month point? 18 29. Does the YOT have to deliver all Scaled Approach contacts with the young person? 18 30. What constitutes a contact with a young person? 18 31. Do Scaled Approach contacts count over a four week period or a calendar month? 18 32. What happens when a young person is assessed as needing an intensive level of intervention but receives a relatively short sentence because of the low offence seriousness? 19 33. How does the government s new Integrated Offender Management (IOM) approach fit with the Scaled Approach? 19 34. Does the Scaled Approach apply to a YRO with Intensive Supervision and Surveillance (ISS)? 19 35. Will the case management solutions automatically calculate static factors? 19 Practice implications Criminal Justice and Immigration Act 2008 (not including the Youth Rehabilitation Order) 20 36. Section 29 of the Criminal Justice and Immigration Act 2008 provides for young people recalled to custody, to be released automatically after 28 days where eligible. Does this apply to Detention and Training Orders (DTOs)? 20 37. How does curfew credit apply to four month Detention and Training Orders (DTOs)? 20 38. Can tagging on Intensive Supervision and Surveillance (ISS) count towards curfew credit? 20 39. What is the Youth Conditional Caution (YCC) and is it only available to 16 and 17 year olds? 20 Practice Implications Youth Rehabilitation Order 21 General 21 40. Can YRO requirements be used for those young people on the community element of a Detention and Training Order (DTO)? 21 41. What happens if there isn t local provision to deliver a YRO requirement? 21 42. If a YRO requirement is not available in the local area at the point of sentencing (because the service is not available) but there is an indication that this provision will become available, can the requirement be imposed? 21 43. The Criminal Justice Act 2003 provided for the adult generic community sentence to be extended to 16 and 17 year olds but this has not yet been enacted. Will this still go ahead once the YRO is implemented? 21 44. How is the YRO managed if a young person turns 18 while still completing their YRO? 21 45. Can a YRO be concluded early for good progress? 22 46. What is the spent period for a YRO? 22 47. How should reparation be delivered with the YRO? 22 Frequently Asked Questions 3

48. Will the Police National Computer just record that the young person has received a YRO or will it also record the attached requirements? 22 49. Can the YOT add a requirement during the course of an order? 22 50. Is there a time frame in which the three breaches must have taken place for the young person to be deemed to be wilfully and persistently non-compliant? 23 51. Does the definition of persistence take into account non-compliance for Anti-Social Behaviour Orders (ASBOs)? 23 52. Does every YRO need a completed Asset? 23 53. Can a court indicate how they would like YRO requirements to be sequenced? 23 54. Can a fine and a YRO run concurrently? 23 55. What involvement should the YOT have with YROs that do not include a Supervision Requirement e.g. a stand-alone Programme Requirement? 24 56. What happens when a requirement becomes unworkable? e.g. where a young person moves area and their new YOT does not have the same programme available? 24 57. Where a young person reoffends, who is responsible for presenting the details of old offences that relate to the YRO that is being revoked and resentenced as a result of a new offence and conviction? 24 58. If a young person is resentenced for an old offence because they have reoffended, how is that recorded on the PNC? 24 59. For stand-alone requirements when the court specifies the end date, what happens to the YRO if the young person completes the requirement before that end date? E.g. attendance centre hours? 25 60. Some YRO requirements necessitate the court being informed by the Secretary of State of their availability, how will this be done? 25 61. Does the young person have to be present at court for any amendments to their YRO? 25 62. When revoking a YRO to resentence the young person for another offence, must the court state that they are revoking the original YRO or does it happen automatically upon the imposition of a new YRO? 25 63. Where the Crown Court reserves a case, what happens when the young person commits a new offence? Does the existing YRO and the new offence go to Crown Court or can it be dealt with in the youth court? 26 64. If a young person turns 18 and is still on a YRO but reoffends, does the YRO need to be revoked in order for an adult order to be imposed? 26 65. Does consultation mean agreement when it is found in the legislation? 26 Breach 26 66. Does the 12 month warned period apply to all YRO requirements or just the Supervision Requirement? 26 67. Will the YOT have to prove that all three missed appointments were unacceptable before taking the matter back to court? 26 68. Can a warning that has been issued be withdrawn? 26 Frequently Asked Questions 4

69. What court manages breach proceedings for a young person who has turned 18 and then breaches their YRO? 27 70. In relation to the 12-month warned period if breach proceedings are instigated on the second formal warning and the YRO is amended, does the warned period continue following breach or is the clock reset? 27 71. What happens where a young person is in breach of their order doesn t show up at court and the order subsequently expires? Does the breach still stand? 27 72. Can any court breach another court's YRO? 27 Transitions 28 73. Which national standards will apply when a young person is transferred to the adult system? 28 74. What happens when a young person commits an offence with a start date before the commencement of the YRO and an end date after the commencement of a YRO e.g. fraud and sex offences? 28 YRO Requirements 28 Activity Requirement 28 75. Can an Activity Requirement be expressed in hours rather than days as much of YOT reparative activity is completed in hours? 28 76. Should restorative justice activities be included under a Supervision Requirement rather than an Activity Requirement? 28 77. If the reparation activity is being included under the Supervision Requirement, do YOTs need to specify the amount of reparation activity? 28 Attendance Centre Requirement 29 78. What happens if we don t have an attendance centre available to us? 29 Programme Requirement 29 79. If the programme doesn t start for a considerable period after the start of the order should a YOT do interim work with the young person? 29 80. Where a young person requires a number of different programmes can they all be specified under the same Programme Requirement? 29 Unpaid Work Requirement 29 81. Who will manage the Unpaid Work Requirement of a YRO? Will local probation services still have a role? 29 82. Does unpaid work have to commence within currently required probation commencement requirements and how should it be sequenced? 30 83. Are YOTs responsible for preparing the breach (compiling the breach pack and prosecuting) for an Unpaid Work Requirement? 30 Supervision Requirement 30 84. Are directions made under a Supervision Requirement for activities, programme attendance, or attendance centre engagement enforceable? 30 85. Is there a minimum length for a Supervision Requirement? 30 Curfew Requirement 30 86. How long can a curfew last for? 30 87. Is a stand-alone curfew (without electronic monitoring) still available? 31 Frequently Asked Questions 5

Electronic Monitoring Requirement 31 88. Electronic Monitoring providers are taking a cumulative approach to the breaches (i.e. adding up the small amounts of time during which the young person is absent until it reaches two hours). Is this allowed? 31 Residence Requirement 31 89. Does the order have to be amended if the placement stipulated in the Residence Requirement breaks down? 31 90. Does the legislation require the parent or guardian to be consulted before imposing a Residence Requirement? 31 Local Authority Residence Requirement 32 91. Does the young person s parent or guardian need to agree to the imposition of the Local Authority Residence Requirement? 32 92. Who monitors and enforces the Local Authority Residence Requirement, where young people are placed outside the YOT s local authority (e.g. in foster places outside the local authority)? 32 Mental Health Treatment Requirement 32 93. Who is the relevant practitioner for the purposes of a mental health assessment? 32 94. Is the purpose of the Mental Health Treatment Requirement to improve the young person s mental condition (i.e. not linked to reducing offending behaviour)? 32 95. Can YOTs stipulate the length of the Mental Health Treatment Requirement? 32 Drug Testing Requirement 33 96. Who pays for the drug testing to be undertaken? 33 97. What type of testing is appropriate? i.e. saliva swabs or urine tests? 33 YRO with Intensive Supervision and Surveillance 33 98. If a YOT proposes a YRO with Intensive Supervision and Surveillance (ISS) or Intensive Fostering, but the court sentences to custody, does the court have to give their reasons in open court why they have decided to opt for a custodial sentence? 33 99. Can the court impose a YRO with ISS where it was not recommended by the YOT? 33 100. What happens if court hears recommendation for a YRO with ISS with 91 days extended activity but the court wants to impose a YRO with ISS at 180 days extended activity? Can the court do this? 33 101. Can you manage the 180 day extended activity over a 12 month period thus, in effect, a 91 day extended activity but for twice the length? 33 Exclusion Requirement 34 102. Is electronic monitoring available for the Exclusion Requirement? 34 Education Requirement 34 103. Where the provision for education does not follow the young person to another area into which they've been relocated where does responsibility lie in relation to this requirement? 34 Embedding the changes 35 104. What support is available from the YJB to help ongoing learning of the Scaled Approach and YRO? 35 105. What do we do in thetransition period from one set of community orders to another? 35 Frequently Asked Questions 6

106. Are there any materials to help YOTs explain the Scaled Approach and YRO to young people? 36 107. If the ICT case management solution is not available on 30 November, what should YOTs do? What happens to the data in the meantime? 36 108. Does the YJB have any plans to run Assessment, Planning Interventions and Supervision (APIS) training in preparation for the Scaled Approach? 36 Frequently Asked Questions 7

Scaled Approach Model 1. Why has the YJB introduced the Scaled Approach? Evidence suggests that interventions are more effective when their level and intensity is matched to an assessed likelihood of reoffending, and when they are focused on the risk factors most closely associated with a young person's offending. The focus of the Scaled Approach is to tailor interventions to the individual, based on their assessed likelihood of reoffending and risk of serious harm. For more information on the evidence base for a risk lead approach we recommend you read the APIS source document. It supports the introduction of the new Youth Rehabilitation Order (YRO), which allows courts to tailor a menu of options to each young person. 2. Does the Scaled Approach apply equally in England and in Wales? Yes. Criminal justice is not devolved in Wales so the Scaled Approach and YRO apply to both. 3. The Scaled Approach model was amended in February 2009. What are the changes and why were they made? The revised Scaled Approach model is detailed in the updated Youth Justice: The Scaled Approach post-consultation version two document (February 2009). This replaces all previous copies. The amendments do not change the core principles of the Scaled Approach and all the components remain the same. Amendments have been made to the Asset bandings used to determine the entry threshold for the Scaled Approach intervention levels. In the September 2008 version, the Asset scores relating to each Scaled Approach intervention level resulted in too many young people falling within the 'low' category. The revised model has shifted the Asset bandings to allow for higher levels of intervention to be directed to those young people for whom change is more likely. The revised bandings will allow better direction of YOT resource towards young people and their needs. A further change was renaming the Scaled Approach intervention levels. What are now standard, enhanced and intensive were low, medium and high respectively. This reflects feedback that the original terms were easily confused with risk level rather than the intended level of intervention. There is also a new foreword setting out the sentencing context. This was agreed with the Magistrates' Association. Frequently Asked Questions 8

If you have further questions about the amendments to the model, use the query form [131Kb Word document; opens in new window]. 4. Does the YJB have any plans to amend the Scaled Approach further? We will soon be publishing the final Scaled Approach model document now that National Standards for Youth Justice Services have been signed off by minsters. This model is the result of ongoing consultation and research. We anticipate that this model will achieve a scaled approach to interventions that will allow YOTs to use resources differently without making additional demands on their capacity. However, the implementation of the Scaled Approach in November 2009 is only the beginning of the journey. The YJB is fully committed to the continual monitoring of the Scaled Approach and should revisions be required following a period of time long enough to allow the current model to settle into YOT practice, then we will make the necessary amendments. 5. Why did the YJB include static factors to determine the likelihood of reoffending component of the Scaled Approach? Incorporating static factors to determine likelihood of reoffending improves the predictive accuracy of Asset. The decision to go with these four static factors was based on: the Asset research that the static factors are already known and understood as part of Asset and therefore represent a relatively simple and straightforward change to the scoring process for practitioners giving an appropriate and proportionate static score/dynamic score balance in the overall score of likelihood of reoffending (approximately 25% static and 75% dynamic) risk-based pilot sites using a similar set of factors and finding it useful. 6. The static factors are based on 2003 research. Will the YJB update this research to base the static factors on recent research? This research will need to be updated and the YJB will keep YOTs and secure establishments informed of any new research that is developed. Also, new initiatives such as Youth Justice Management Information System will enable the YJB to collect case level data to help facilitate the necessary analysis to accurately determine the detail of the static factors. 7. How was the scoring system for the static factors determined? Using a representative sample of cases, we used statistical analysis to determine which factors from Asset were most closely associated with reconviction. Weighting was determined by the Frequently Asked Questions 9

strength of the association between a factor and whether a young person was reconvicted (within 12 months from the date of assessment). 8. Do absolute discharges count as previous convictions for the purposes of the static factors? Yes, absolute discharges were included when the research was undertaken and should be counted as previous convictions 9. Does the 'offence type' static factor relate to the gravity of the offence? No. The formula for the static factors was designed to increase the predictive accuracy in determining the likelihood of reoffending rather than considering the gravity of the offence. The two offence types included (motoring offences and burglary) were, at the time the Asset research was conducted, shown to be the most prevalent offences for those young people who went on to reoffend. The "offence type" static factor relates to the offence that triggers the current assessment. If there are multiple offences then this refers to the most serious offence. 10. If a young person has committed a motoring or burglary offence before but their current offence is not one of these, should it be scored in the offence type static factor? No, the young person s static factor score is for their current offence(s), so if their current offence(s) do not include motoring or burglary offences then they will score 0. 11. What motoring and burglary offences should we count? The table shows the motoring and burglary offences that can be counted towards the offence type static factor: STATIC SCORE 4 - Motoring Offences (gravity score in blue) Counted Not counted Dangerous driving 5 Driving without due care and attention 2 Driving under the influence of Driving on a footpath or/and common drinks/drugs 3 land 2 Driving whilst disqualified 5 Driving defective motor vehicle 2 Interfering with a motor vehicle 3 Exceeding speed limit 2 Refusing to give breath test 4 Failure to wear a seatbelt 2 Failure to comply with a road traffic sign 2 Failure to give particulars after an accident 2 Frequently Asked Questions 10

Failure to produce documents 2 Failure to report an accident 2 Failure to stop when requested by a constable 2 Failure to stop after an accident 2 Forge vehicle records/licence 2 No insurance 2 No L plates 2 No licence 2 No MOT 2 Not wearing protective headgear 2 Not well maintained indicators/stop/hazard and light reflectors 2 Pedal cycle offences 2 Other/unspecified motoring offences 3 STATIC SCORE 3 - Domestic Burglary (gravity score in blue) Counted Not counted Aggravated burglary of a dwelling 7 Burglary with violence or threat of violence Burglary in a dwelling 6 Conspiracy to commit burglary of a dwelling Other/unspecified domestic burglary 6 STATIC SCORE 3 - Non-Domestic Burglary (gravity score in blue) Counted Aggravated burglary of a non-dwelling 7 Burglary with violence or threat of violence Not counted Found on enclosed premises 3 Burglary in a non-dwelling 4 Burglary with intent Conspiracy to commit burglary of a non-dwelling Other/unspecified non-domestic burglary 4 STATIC SCORE 3 - Vehicle theft/unauthorised taking (gravity score in blue) Counted Aggravated vehicle taking 5 Injury to person, damage to property or car Being carried 3 Being carried (aggravated) 4 Not counted Frequently Asked Questions 11

Vehicle taking 4 Theft of motor vehicle Unauthorised vehicle taking (TWOC/TADA) Other/unspecified vehicle theft/taking 4 Frequently Asked Questions 12

Practice implications - Scaled Approach 12. What types of orders and interventions does the Scaled Approach affect? The Scaled Approach relates to court-ordered interventions under YOT supervision. This includes Referral Orders, community sentences (which will be wrapped up into the YRO) and the licence period of custodial sentences. It does not apply to pre-court interventions or prevention work, which are already 'scaled' in the targeting of intervention to the support young people need. 13. Will two young people committing the same offence receive different disposals under the Scaled Approach? No, sentencing has and always will be the responsibility of the court. Two young people convicted of the same offence may well receive different sentences as courts, when sentencing, will first consider the seriousness of the offence and any aggravating or mitigating circumstances. The Scaled Approach will inform the YOTs' proposals to court and their management of the child or young person's order post-sentence. It will not determine the sentence imposed by the court. The important principle of proportionality therefore remains during sentencing and the child or young person will receive interventions commensurate with their assessed likelihood of reoffending and risk of serious harm. 14. Where should YOTs include the likelihood of reoffending and risk of serious harm score in their pre-sentence reports? The YJB s revised Case Management Guidance (awaiting publication) indicates that the likelihood of reoffending and risk of serious harm and the intervention level should sit within the pre-sentence report section entitled Assessment of the risk to the community, including the likelihood of reoffending and risk of serious harm. This section should include the following assessments: Likelihood of reoffending This should be based on the assessment of risk and protective factors identified through the Asset Core Profile and any other specialist assessment information. It should specify the assessed level of likelihood of reoffending, including specifying the probable nature of further offending. Risk of serious harm to others Frequently Asked Questions 13

This should be based on Asset Core Profile and, where applicable, the Asset Risk of Serious Harm and should specify the assessed level of risk of serious harm to others, including specifying who is at risk and what plans are in place to manage this risk. Together, these two assessments, should lead to an indication of suitable level of intervention to inform the final proposal within the pre-sentence report. 15. Is there an increased chance of breach for young people assessed as requiring a high level of intervention? Not necessarily. Young people assessed as needing an intensive level of intervention will, in most cases, receive more supervision than under the national standards (2004). It is recognised that there is potential with the increased level of contact that the opportunity for a young person to breach and be returned to court may result. However, we will continue to encourage practitioners to engage those young people to enable compliance in the first place. See the Key Elements of Effective Practice Engaging Young People who Offend for more guidance in this area. If non-compliance becomes an issue, the case manager must use professional judgment to consider whether the failure to attend was unreasonable, and whether there are factors that are affecting the young person's ability to comply with an order, e.g. a chaotic home life. The experience of the risk-based pilots did not show that high risk young people were more likely to be breached. 16. Are attendance centres available only for young people assessed as requiring a standard intervention level? All young people can be referred to an attendance centre regardless of their intervention level under the Scaled Approach. Appropriate referrals of a young person to a local attendance centre needs to be based on the assessment of that individual young person and your protocols and arrangement with your local attendance centre. Currently many young people are referred to attendance centres, e.g. on Supervision Orders, Referral Orders, Final Warnings and ISSP. We encourage YOTs to make more use of attendance centres now and in the future. 17. How should we manage young people with welfare needs or at risk of harm from themselves or others but assessed as being low risk to the public or low likelihood of reoffending? If a young person is assessed as requiring a standard level of intervention through the Scaled Approach but is assessed as having significant welfare needs or are at risk of harm from themselves or othrs, these should be addressed in line with: local safeguarding guidelines Frequently Asked Questions 14

Common Assessment Framework; and lead professional procedures (England) or Children and Young People's Partnership arrangements (Wales). A referral should also be made to children's services in England or social services in Wales for an assessment under section 17 of the Children Act 1989. Mainstream services should provide for any assessed welfare needs. Any shortfalls in available services to address these needs should be brought to the attention of the YOT's management board. 18. Is there an expectation that the YOT will have to provide and be present for all contacts with a young person? No. YOT staff should act as the case managers for young people within the youth justice system and should have an overview of the case. This includes responsibility for co-ordinating assessments, planning interventions and supervision, risk management, and ensuring that all aspects are consistent with effective practice, and is likely to include some supervision of the young person. Where a young person has multiple risk factors and issues in their lives for which they need support, they are likely to need input from specialist staff within the YOT or from external agencies. The role of the YOT management board is crucial to ensure there is appropriate access to services provided by partner agencies to meet the range of needs of the young people in their service. 19. Does the Scaled Approach apply to the secure estate? If so how? The Scaled Approach will not be used to determine the intensity of supervision while young people are in custody; it applies once they are released. So the community part of the Detention and Training Order will involve the Scaled Approach. However, intervention by secure estate staff will be crucial in determining assessment by YOTs and intervention levels on release. 20. Will those young people released on licence to the community automatically receive an intensive level of intervention according to the Scaled Approach bandings? Asset should be reviewed and updated prior to the resettlement planning meeting one month before the young person is due to be released from custody and again when a young person is transferred to the community. This will determine the required intervention levels according to the Scaled Approach. 21. Is the Scaled Approach compulsory? The YJB expects all YOTs to adopt the Scaled Approach. The Scaled Approach intervention levels are included within the new national standards and are therefore statutory requirements. Frequently Asked Questions 15

22. Can I adapt the Scaled Approach to fit my resources? The Scaled Approach supervision requirements are included within the new national standards and are therefore statutory requirements. YOTs may increase contact above these statutory standards where appropriate, and depending on their local circumstances. 23. What is the likely impact upon YOT resources? Extensive modelling of relevant YOT case data suggests that the Scaled Approach should not make more demands than existing National Standards for the majority of YOTs. Appropriate targeting of resources depends on good quality assessments. This is central to effective use of the Scaled Approach and allows the intervention level to be determined correctly. For a small number of YOTs who may find that demand on resources increases, this is an opportunity to discuss with their management board their responsibility for ensuring that the YOT has sufficient resources and infrastructure to deliver youth justice services in line with national standards. 24. How does the Scaled Approach fit with the Deter Young Offender (DYO) scheme? From April 2009, local criminal justice boards have been asked to develop a multi-agency approach to tackle a single priority group of young offenders: the Deter group. The aim of the DYO management framework will be: reduction in the rate of reoffending of the local deter cohort improving timeliness through the criminal justice process The DYO management framework will focus on four key areas: DYO management meetings to ensure an effective multi-agency approach Criminal Justice: Speedy, Simple, Summary (CJSSS) to ensure better management of the Deter group through the court process. CJSSS has successfully introduced new and more efficient processes from pre-court to disposal and the timeliness of cases with young people who offend has improved significantly Scaled Approach to set out the nature and level of contact YOTs will use to tackle the Deter group (those young people assessed as needing intervention at intensive level identified through the Scaled Approach) Access to wider children s services to ensure provision of mainstream services to young people who offend, particularly the Deter group, to help break the cycle of offending behaviour. The Scaled Approach will integrate with the DYO management framework by: Frequently Asked Questions 16

Identifying the Deter group: those young offenders assessed as posing the highest risk of causing serious harm to others and/or likelihood of reoffending; those needing intervention at intensive level identified through the Scaled Approach. They will be identified through the YOT assessment process at the pre-sentence report stage and through the Asset review/assessment stage as outlined within the YJB s Case Management Guidance. As the Deter group and the intensive intervention level group may not align exactly, local factors will assists YOTs and their partners to expand or contract these numbers to set the Deter group. Changing DYO status: DYO status is not fixed and will be dependent on the outcome of YOTs assessment (i.e. the assessed intervention level may vary over time and so will the DYO status). DYO and Sentencing: Where the court imposes a Youth Rehabilitation Order (YRO) with a Supervision Requirement or where the young person is subject to a Referral Order those young people assessed as needing intervention at intensive level as identified through the Scaled Approach will form all or part of the Deter group in line with local factors (see above). These young people should be managed in line with the management framework. YROs may also be imposed without direct YOT intervention, where the young person may also be assessed as needing an intensive level of intervention. In these cases the child or young person may also be included within the Deter group. Click to view further information on the DYO management framework [opens in new window]. 25. Is the tool that automatically populates the pre-sentence report from Asset ready to use for the Scaled Approach and YRO? This tool was developed for YOTs some time before the development of the Scaled Approach and therefore does not support the pre-sentence report structure we recommend for the Scaled Approach and the YRO in our revised Case Management Guidance. We hope this functionality will be available in the future. 26. How does the Scaled Approach apply to young people who commit sexual offences? Scaled Approach assessment applies in the same way to young people who offend irrespective of the type of offence. However, certain offences may allow for additional assessments to inform YOTs decision making and proposals to court. Any specialist assessment undertaken (e.g. Assessment, Intervention, Moving-on (AIM) assessment [opens in new window] for young people who sexually abuse) should be reflected in the Risk of Serious Harm Assessment. If the specialist assessment is undertaken after the initial Risk of Frequently Asked Questions 17

Serious Harm Assessment, the Risk of Serious Harm level (and Scaled Approach intervention level) should be amended where necessary. 27. Can the Scaled Approach intervention level change during the course of a YRO? Yes. Young people s circumstances are liable to change over time and will be noted through YOTs regular assessment. If an assessment indicates that the young person does not need the same intensiveness of intervention then the YOT should alter the Scaled Approach intervention level accordingly. This can be done at any point through the Order. If the Scaled Approach intervention level changes immediately after sentence, it would be good practice for the YOT to inform the court of this change. Any change in intervention level must be done following communication with the young person and where appropriate their parents or carers to enable future compliance with the Order. 28. Can the Scaled Approach intervention level be altered up or down during the order outside of the set reductions at the three month point? Where there have been significant changes in a young person s circumstances or behaviour that changes their likelihood of reoffending, the young person should be reassessed and of it seems appropriate to increase or decrease contact then this can be done. Decisions to increase or decrease contact should be based on a thorough assessment, clearly recorded and should be discussed with the line manager as well as the young person and their family. 29. Does the YOT have to deliver all Scaled Approach contacts with the young person? No, some of the contacts may be delivered by an external agency if appropriate. The YOT case manager should maintain sufficient contact with the young person throughout in order to discharge fully their responsibilities as case manager and to ensure that the YRO requirements are delivered completely. 30. What constitutes a contact with a young person? A contact is a face-to-face planned meeting between the young person and the YOT case manager or another member of the YOT or a member of another agency or a volunteer approved to work with the young person in respect of the supervision of his or her court order. 31. Do Scaled Approach contacts count over a four week period or a calendar month? As young people will receive orders at varying points during any month, Scaled Approach contacts should be counted over a four week period from the date the order takes effect. Frequently Asked Questions 18

32. What happens when a young person is assessed as needing an intensive level of intervention but receives a relatively short sentence because of the low offence seriousness? Learning from the YOTs piloting the risk-based approach suggests managing the young person s order according to the length of sentence in line with their assessed Scaled Approach intervention level. Upon completion of the order, ensure that there is adequate aftercare provision in place to address ongoing likelihood of reoffending or risk of serious harm to others. 33. How does the government s new Integrated Offender Management (IOM) approach fit with the Scaled Approach? The IOM model highlights the importance of multi-agency, integrated work with offenders and of targeting those at greatest likelihood of reoffending or risk of serious harm to others. The Scaled Approach and Deter Young Offenders support this model and YOTs are encouraged to review the IOM approach to determine whether any additional benefits can be identified from further integration. 34. Does the Scaled Approach apply to a YRO with Intensive Supervision and Surveillance (ISS)? No, the number of contacts for young people on a YRO with ISS should be delivered at the levels described in National Standards for Youth Justice Services. However, any remaining period of supervision after the 91 or 180 days of extended activity have been completed will be managed in line with the Scaled Approach. Will Asset documentation change as a result of the Scaled Approach? The Asset in case management systems will not change. The Scaled Approach does not add anything new to Asset forms but rather a change in the way the information is used so the current Asset template is still applicable. 35. Will the case management solutions automatically calculate static factors? Yes, when available, the case management system will automatically calculate static factors. However, YOTs should ensure they understand how static factors are scored and, use the interim solution if needed and also to ensure they can apply professional judgement appropriately. Frequently Asked Questions 19

Practice implications Criminal Justice and Immigration Act 2008 (not including the Youth Rehabilitation Order) 36. Section 29 of the Criminal Justice and Immigration Act 2008 provides for young people recalled to custody, to be released automatically after 28 days where eligible. Does this apply to Detention and Training Orders (DTOs)? No. It applies to fixed-term sentences not DTOs, which are subject to a different legal framework. The recall arrangements for DTOs are through the court system as opposed to recall by the Secretary of State as is the case for fixed-term sentences. 37. How does curfew credit apply to four month Detention and Training Orders (DTOs)? The minimum length of a DTO is four months and as such, the curfew credit cannot apply. If courts are faced with this situation the YOT may want to consider proposing a YRO as an alternative. 38. Can tagging on Intensive Supervision and Surveillance (ISS) count towards curfew credit? ISS will still be available for young people as part of their bail conditions. Where a young person is subject to electronic monitoring on bail ISS and it meets the curfew credit criteria, then the court may consider reducing a young person s custodial sentence. 39. What is the Youth Conditional Caution (YCC) and is it only available to 16 and 17 year olds? The YCC is a pre-court disposal that can be imposed on a young person who has not previously been convicted of an offence and who meets certain criteria. The YCC is still in pilot stage. Once rolled out nationally, the YCC may be available for all ages, but during the pilot it is only available for 16 and 17 year olds. Pilots are due to commence in early 2010. Frequently Asked Questions 20

Practice Implications Youth Rehabilitation Order General 40. Can YRO requirements be used for those young people on the community element of a Detention and Training Order (DTO)? No, the YRO is a sentence in itself and cannot be imposed as part of a DTO. YOTs will manage the community element of a DTO as they currently do but will use the Scaled Approach to determine the intensity of contacts delivered. 41. What happens if there isn t local provision to deliver a YRO requirement? As part of their proposal to court in their pre-sentence report, the YOT will indicate the extent to which a particular requirement can be delivered at a local level. It is hoped the courts will take this advice on board and impose an appropriate sentence. Some of the YRO requirements can be imposed only following consultation with YOTs and, where relevant, the local authority with responsibility for contributing to the delivery of the requirement (e.g. an Education Requirement). 42. If a YRO requirement is not available in the local area at the point of sentencing (because the service is not available) but there is an indication that this provision will become available, can the requirement be imposed? Where a requirement is not available at the point of sentencing then it would not be appropriate to recommend it to the court. However, if provision is available but will not start until a future date, e.g. due to capacity or start dates, then YOTs should make a judgment as to whether it would be an appropriate recommendation. 43. The Criminal Justice Act 2003 provided for the adult generic community sentence to be extended to 16 and 17 year olds but this has not yet been enacted. Will this still go ahead once the YRO is implemented? No, the YRO will supersede this provision of the Criminal Justice Act 2003. Click to read the statutory instrument [opens in new window]. 44. How is the YRO managed if a young person turns 18 while still completing their YRO? YROs can be transferred to management by the National Probation Service when a young person turns 18. This can be on or around their 18th birthday. This is subject to any YOT-only Frequently Asked Questions 21

requirements, e.g. ISS, having been completed. If these are outstanding, management of the entire YRO remains with the YOT until those requirements are completed. 45. Can a YRO be concluded early for good progress? Yes, the young person or responsible officer can make an application to court to have an existing YRO revoked for good progress with the order. 46. What is the spent period for a YRO? The spent period (or rehabilitation period) is one year from the date of conviction or when the order or requirement ceases / ceased to have effect, whichever is the longer. This is as per section 5(5)(da) of the Rehabilitation of Offenders Act 1974, as amended by the Criminal Justice and Immigration Act 2008. 47. How should reparation be delivered with the YRO? The Activity Requirement is the main vehicle for reparation as part of the YRO. However, where an activity requirement is not appropriate or that component of the YRO is complete, the YOT should ensure that (ongoing) reparation is delivered through other means, for example through the Supervision Requirement, if imposed. 48. Will the Police National Computer just record that the young person has received a YRO or will it also record the attached requirements? Her Majesty s Court Service has advised that the court recording system feeds directly into the Police National Computer. So it will record the young person s YRO including all attached requirements. 49. Can the YOT add a requirement during the course of an order? No, the order is imposed based on offence seriousness and the young person s circumstances at the time of the offence (e.g. specific offending behaviour patterns). Adding a requirement during an order that was not appropriate at the time of the original sentencing would be disproportionate and inappropriate. If the young person requires support to reduce their likelihood of offending then this should be dealt with by the YOT as part of their intervention plan. However, the YOT can take a case back to court to amend the order where appropriate. At this point requirement(s) could be removed and substituted with others. However this will largely be due to the fact that the requirement becomes unworkable, unavailable etc. as opposed to addressing a new risk in the young person s life. Frequently Asked Questions 22

50. Is there a time frame in which the three breaches must have taken place for the young person to be deemed to be wilfully and persistently non-compliant? To be wilful and persistent, the three breaches need to take place in the course of one order. Where a young person has their YRO revoked and resentenced (as a result of breach or reoffending) with a new order, the slate is wiped clean and the previous breaches are not taken into account to determine wilful and persistent non-compliance. 51. Does the definition of persistence take into account non-compliance for Anti-Social Behaviour Orders (ASBOs)? Where non-compliance of an ASBO is proved, it could lead to the young person receiving a a criminal conviction. In these circumstances, ASBO non-compliance could determine that the young person was a persistent offender. If there is not criminal conviction, the non-compliance cannot count towards persistence. 52. Does every YRO need a completed Asset? To recommend requirements to the court, the YOT will have needed to complete an Asset for the young person or ensure that the assessment on which they are basing their pre-sentence report or recommendation is no more than three months old or there have been no significant changes in the young person s life. Case Management Guidance provides best practice for using existing reports, stand downs or addendum reports. Having assessments on all young people whether on standalone requirements (not managed by the YOT) or not allows each and every agency that has contact with the young person to have greater insight into their offending behaviour. This allows them to put in place effective interventions to prevent further offending. 53. Can a court indicate how they would like YRO requirements to be sequenced? The court has the power to set the end date for individual requirements and this may have an impact on the way the YOT sequences requirements in a young person s order. It is however, taking account of court advice, the YOTs role to deliver the intervention as effectively as possible taking account of the court s indications, the victims wishes where appropriate, the young person s risks and needs and local provision. 54. Can a fine and a YRO run concurrently? Yes, but a YRO cannot run concurrently with another YRO, Referral Order or Reparation Order. Frequently Asked Questions 23

55. What involvement should the YOT have with YROs that do not include a Supervision Requirement e.g. a stand-alone Programme Requirement? There are certain stand-alone YRO requirements where the YOT does not have case management responsibility such as: Curfew Curfew with Electronic Monitoring Attendance Centre Unpaid Work However for other requirements, there is an expectation that YOTs should follow National Standards as the minimum expectations in relation to case management of these requirements. Local arrangements may mean that the above requirements where stand-alone, may in fact have contact from the local YOT and local arrangements should be clearly outlined in local protocols. 56. What happens when a requirement becomes unworkable? e.g. where a young person moves area and their new YOT does not have the same programme available? Where a particular requirement can no longer be delivered and this is not as a result of enforcement issues, then the YOT must go back to court for an amendment or revocation (in exceptional circumstances). This may be required where the young person has shifted out of area and the specific programme stated in the YRO is not available in the area in which the young person is transferring to. The YOT must take the order back to the court named as being the responsible area. 57. Where a young person reoffends, who is responsible for presenting the details of old offences that relate to the YRO that is being revoked and resentenced as a result of a new offence and conviction? This is the responsibility of the Crown Prosecution Service. YOTs may also have to provide the courts with any information that they have about old offences. Where the court is obliged to revoke and resentence a YRO following reoffending, YOTs should include information on compliance with the YRO in the pre-sentence report or update to the court, as a matter of good practice. 58. If a young person is resentenced for an old offence because they have reoffended, how is that recorded on the PNC? The Metropolitan Police s PNC specialists have advised the YJB that the PNC will record all YRO outcomes including breach. It will also demonstrate what the amended or new YRO will look like following any breach proceedings. Frequently Asked Questions 24

If a young person was sentenced to a YRO without a Supervision Requirement would they still need to meet national standard expectations around the completion of Asset or Asset Risk of Serious Harm or intervention planning, etc? The Supervision Requirement means YOTs will supervise the young person as per the Scaled Approach, however YOTs should follow national standards for other requirements where they have case management responsibility and an intervention plan is required. For example a stand-alone Programme Requirement should include a review in order to monitor compliance and to keep the young person on track for successful completion. This should be explained at the outset of the order, as with any requirement. 59. For stand-alone requirements when the court specifies the end date, what happens to the YRO if the young person completes the requirement before that end date? E.g. attendance centre hours? The YRO ends on completion of the set requirements, so if the young person had attended the required number of attendance centre hours their order would also end. 60. Some YRO requirements necessitate the court being informed by the Secretary of State of their availability, how will this be done? Her Majesty s Court Service will notify courts through a Court Circular of the availability of the specified requirements in their area. This will be issued at the same time the YRO is implemented (30 November). 61. Does the young person have to be present at court for any amendments to their YRO? The legislation states that for certain amendments to an order on application by the YOT the young person does not need to appear before the court (paragraph 20(2)(b) schedule 2 Criminal Justice and Immigration Act, 2008) eg when it reduces the duration of a YRO. However, it is good practice for the young person to attend if possible. 62. When revoking a YRO to resentence the young person for another offence, must the court state that they are revoking the original YRO or does it happen automatically upon the imposition of a new YRO? It is not automatic. The court will need to state that they are revoking the original YRO. If they are resentencing for the original offence, they will have to be clear about how much credit they had given for compliance with the YRO to the date of revocation. Frequently Asked Questions 25