Juvenile Offenders

Juvenile offender is the term used to

refer to individuals who have participated in
illegal behaviour by minors. There are
prescribed procedures for dealing with
juveniles. This usually include juvenile
detention centers and courts. The trend is
towards rehabilitation rather than incarceration
even if the juvenile is placed into an institution.
This is aimed at assist the juvenile
through education and other forms of social
intervention, which might also include
probation, counselling and in some instances,
community service.
Sentencing
References
sixthformlaw.com
study.com
Criminal Justice (Reform) Act
Juvenile Act
Childs Care and Protection Act
The Corrections Act
CAPE Law Study Guide
 What is Sentencing?
Sentencing means any penalty or imprisonment ordered to
be paid or served, or any other order made by a court after
an offender is convicted, whether or not a conviction has
been recorded.
Purposes of Sentencing
"Any court dealing with an offender in respect of his
offence must have regard to the following purposes of
sentencing."
NB: These purposes do not apply to persons under 18 or
where the sentence is fixed by law minimum sentences and
mental health orders.
1. Punishment of offenders: This is done by deprivation of
freedom or removal from the free society.
2. Deterrence: This is based on the idea that the convicted
offenders will not repeat the crime because the punishment
taught him the consequences of offending. It also serves as
caution to others against committing similar offences.
3. Reformation and rehabilitation of offenders: The
offender has accepted responsibility for his crime, has
shown remorse and promises to take advantage of
rehabilitation opportunities.
4. Protection of the Public: This revolves around protecting
the public from the crimes of convicted persons.
5. No other choice: The sentencer has to assess the criminal
records, especially if it is a routine offender.
Theories in Sentencing
1. The General Deterrence Theory
This theory seeks to achieve the enforcement of criminal
laws by intimidating others into abiding by the law.
2. The Specific or Individual Deterrence Theory
This refers to the use of punishment for criminal activity
intended to discourage a specific individual from re-
offending.
3. The Preventive Theory
This is founded on the idea of preventing repetition of
crime by disabling the offender through measures such as
imprisonment, forfeiture, and suspension of licence.
4. The Rehabilitation Theory
This theory rests on the assumption that individuals can be
treated and can be treated and can return to a crime free
lifestyle.
Factors which Influence Sentence
Things Considered:
1. The seriousness of the offence.
2. The offenders position in society.
3. Prior convictions of the Defendant.
4. Was the offender on bail, parole, or given a
suspended sentence?
5. The familial, economic and social circumstance of
the defendant.
6. The offenders health status. (See Text for more)
Types of Sentences
1. Paying Fines
Except for mandatory sentence of imprisonment, the
court may impose a fine.
2. Suspended Sentences
A Court which passes a sentence of imprisonment for
a term of not more than three years may order that the
sentences be suspended and served in the community
unsupervised.
3. Suspended Sentence Supervision Order
Offenders who have had their sentences suspended is
placed under the supervision of a Probation After-Care
Officer for a period not exceeding that for which the
sentence has been suspended or normally up to three
(3) years.
4. Admonished and Discharged
An individual may also be admonished and
discharged. This means that he/she receives a stern
warning from the Judge.
5. Probation Order
The offender is supervised in the community and must
follow a set of conditions (rules) set out in his/her
Probation Order.
6. Community Service Orders
The court may, with the consent of an offender 17
years or over, make an order requiring him to perform
unpaid work for a period of not less than 40 hours or
more than 360 hours for a single offence and up to 480
hours for more than one offence.
7. Death