This bit is particularly alarming to me. It's not 100% clear what 'a very different outcome' suggests, but courts *should* be sentencing adults for offences committed as children similarly to how they would have been sentenced when the offence was committed. yjlc.uk/resources/le... - ThreadSky

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cassiarowland.bsky.social • 5 days ago

This bit is particularly alarming to me. It's not 100% clear what 'a very different outcome' suggests, but courts *should* be sentencing adults for offences committed as children similarly to how they would have been sentenced when the offence was committed.
https://yjlc.uk/resources/legal-updates/r-v-ahmed-ors-new-guideline-sentencing-case-defendants-sentenced-adults

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cassiarowland.bsky.social•5 days ago

Exact application depends on circumstances, but if that's not generally happening, bc courts are unaware/not applying the law properly/appropriate provision doesn't exist, that's v concerning. Would love any thoughts/experiences from criminal lawyers/probation officers/youth workers etc on this!

giffordhead.co.uk•5 days ago

Do you think it is a reference to diversion and other non-court disposals? The law is pretty clear here, I thought...

cassiarowland.bsky.social•5 days ago

Possible, but it seems like court delay was the problem here. Issuing an out-of-court disposal is typically pretty quick. This is from the mags chair & criticises CPS delay, which to me implies the court decision, or at least sentence impact, might have been different?

cassiarowland.bsky.social•5 days ago

You're right though the law is pretty clear! The court has to have good reason to impose a more severe sentence than they would have if the defendant had been sentenced at the time of offence. So that could be something like signs of increased risk in the interim, breach of bail conditions etc.

giffordhead.co.uk•5 days ago

It’s years since I’ve been to the Youth Court but I remember something that sometimes happened was the matter would get to the first appearance and the Youth Offending Team would then invite an adjournment for “diversion” into a non-court disposal, which can’t happen if the first app. is >18.

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