Gavin Howe
Children who break the law can be charged as juveniles, but increasingly they are being charged as adults. The minimum age for being charged with or convicted of an offence is 10 years old, and there is a special criminal justice system for children between the ages of 10 and 18. However, children are more lenient towards rule-breaking when the 'spirit of the law' is unbroken, and they are less likely to believe that a person should be punished for breaking a rule if they believe that the person's actions do not violate the real goal of the law.
| Characteristics | Values |
|---|---|
| Absolute discharge | Found guilty of an offence but get no punishment |
| Conditional discharge | Found guilty of an offence but get no punishment as long as you don't commit another offence in a specified period of time |
| Referral Order | First-time offenders are referred to the Youth Offender Panel, who will agree a contract with you, which will involve making it up to the victim (such as paying compensation or doing unpaid work for them) |
| Curfew Order | You will have to stay at a certain place at certain hours of the day for a maximum of six months |
| Jail time | The average jail time for breaking and entering is a maximum of one year |
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What You'll Learn
Referral Orders
If you are a first-time offender, you will be given a Referral Order. This means that you will be referred to the Youth Offender Panel. The Panel will agree a contract with you, which will involve making it up to the victim. This could include paying compensation or doing unpaid work for them. The contract will also include a programme of activities to help address your offending behaviour. This could include things like attending a victim awareness course, or taking part in an activity to help the community.
The Youth Offender Panel will be made up of two trained community volunteers and a representative from the Youth Offending Team. They will meet with you regularly to review your progress and make sure you are sticking to the contract. If you successfully complete the contract, your case will be closed and there will be no further action taken.
The length of a Referral Order can vary depending on the seriousness of the offence and the needs of the young person. They typically last between three and twelve months. During this time, the young person will be expected to engage with the Youth Offender Panel and complete the agreed contract. If they fail to do so, they may be brought back to court and given a different sentence.
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Curfew Orders
A Curfew Order is a punishment for breaking the law that applies to young offenders. It means that the offender must stay at a certain place at certain hours of the day for a maximum of six months. For example, a parent may take away their child's car for a week if they break their curfew.
The specific details of a Curfew Order, such as the location and hours, will depend on the individual case and the severity of the offence. The order will be agreed upon by a Youth Offender Panel, who will work with the offender to create a contract that includes making amends with the victim.
It's important to note that Curfew Orders are just one type of punishment for young offenders. Other options include absolute discharge, conditional discharge, and referral orders. The chosen punishment will depend on the offender's age, the severity of the offence, and any past criminal history.
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Taking away privileges
For first-time offenders, a Referral Order may be issued, which involves being referred to the Youth Offender Panel. The Panel will agree on a contract, which may involve making it up to the victim, such as paying compensation or doing unpaid work for them. A Curfew Order may also be imposed, which means the child must stay at a certain place at certain hours of the day for a maximum of six months.
The punishment for breaking the law may vary according to state laws and the nature of the crime committed. For example, breaking and entering at night is generally punished more severely than the same crime committed during the day. The average jail time for breaking and entering as a misdemeanour crime is a maximum of one year.
It is important to note that punishments must always be fair and communicated clearly to the child. Staff are not allowed to make up their own punishments and it is against the law for them to use physical restraint or violence as punishment. Children have the right to explain their feelings and their side of the story if there are any disagreements about rules being broken.
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Jail time
If a child's offence is severe enough to warrant their arrest, they may be taken to court and face a trial. During the trial, the court will determine the appropriate punishment based on the severity of the crime, the child's age, and other mitigating factors. In some cases, the court may decide on a sentence that includes jail time, especially if the child is close to the age of majority or has committed a violent or repeat offence.
The length of jail time can vary depending on the crime committed and the jurisdiction. For example, breaking and entering is typically punished with a maximum of one year in jail as a misdemeanour crime. However, if the court determines that the defendant intended to commit a felony while on the property, the penalties and charges may be more severe. Additional factors, such as past criminal history and the time of day the crime was committed, can also influence the sentence.
It is important to note that the decision to sentence a child to jail time is not taken lightly and is often a last resort. Alternative punishments, such as referral orders, curfew orders, or community service, may be preferred to help rehabilitate the child and prevent reoffending. In some cases, a child may receive an absolute or conditional discharge, meaning they are found guilty but receive no punishment or a reduced sentence.
If your child has broken the law, it is crucial to handle the situation maturely and seek legal representation. While it may be tempting to try and protect your child from the consequences of their actions, it is important to remember that turning them in is essential for their long-term well-being. By taking responsibility and seeking help, you can ensure your child receives a fair trial and appropriate support to learn from their mistakes.
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Physical punishment (which is illegal)
Physical punishment is illegal. Staff are not allowed to make up their own punishments and must always follow the rules. If a child is treated badly by staff, they have the right to get help to make it stop. They also have the right to explain their feelings and their side of the story if there are any disagreements about rules being broken.
If a child breaks the law, they may be found guilty of an offence but receive no punishment, or a conditional discharge, which means they will receive no punishment as long as they don't commit another offence in a specified period of time. If they are a first-time offender, they will be referred to the Youth Offender Panel, who will agree a contract with them, which may involve making it up to the victim (such as paying compensation or doing unpaid work for them). They may also receive a Curfew Order, which means they will have to stay at a certain place at certain hours of the day for a maximum of six months.
If a child is found guilty of breaking and entering, the punishment may vary according to state laws, past criminal history, and the time of day the crime was committed. The average jail time for breaking and entering is a maximum of one year.
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Frequently asked questions
Punishments for kids who break the law can include losing privileges such as phone access, a much-anticipated school event, or a social outing. However, it is important to note that punishments should be predictable and reasonable to avoid negative consequences and conflict in the parent-child relationship.
It is recommended that caregivers put some planning into how to respond to rule-breaking to avoid issuing a surprise consequence that may be overly harsh. The punishment should be predictable, meaning the child knows exactly what the rules are and what will happen if they are broken. It should also be reasonable, aiming to enforce a rule without inflicting emotional or physical pain on the child.
Punishing children by taking away privileges may lead to feelings of hurt, resentment, and spitefulness. It is important to consider the potential impact on the parent-child relationship and choose punishments that meet certain criteria to be effective.
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