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					Scaled Approach and YRO –
YOT briefing events
26 August – 8 October 2009




                             1
Objectives
   Have an in depth understanding of the new sentencing
    framework
   Understand how the Scaled Approach interacts with the new
    sentencing framework
   Understand the purpose and use of National Standards, Case
    Management Guidance and Criminal Justice & Immigration Act
    Practice Guidance in the context of the changes




                                                           2
                            AGENDA: DAY 1
Welcome, introductions, project update and approach to event

Criminal Justice & Immigration Act Overview

Referral Orders & Case Study *

YRO and Requirements *

YRO, Scaled Approach, PSRs *

YRO – Packages of Interventions *

Wrap Up

Overview of CMS



* Presentation & exercise
                                                               3
                             AGENDA: DAY 2
Welcome and Recap

YRO – Managing Requirements *

Quality Assurance

Transitional arrangements *

Persistence

Intensive Supervision and Surveillance *

Enforcement and Compliance *

Post Implementation Support

WRAP UP and Close of Event



 * Presentation & exercise
                                             4
Approach to the slides




                         5
   Approach to the event:
   Table activities
                          Case Studies
    Referral              and Activities                 Intensive
    Orders                                             Supervision &
                                                        Surveillance
                 Feedback at tables (small groups)

                    Facilitator at each table to
   Youth              support and provide               Enforcement
Rehabilitation
   Order
                              guidance                       &
                                                         Compliance



            YRO
        Requirements                         Packages of
                            Scaled           Intervention
                           Approach
                                                            6
                $
                               YOT                 YOT
                             undertakes         determines
          Courts orders     assessment         intervention
             report                                level          YOT
                                                               determines
YP appears                                                     appropriate
 in Court                                                     requirements


                                                                     $

Sentence ends                                                 Court determines
                                                                appropriate
                                                                 sentence


            Order                                 YOT
          completed                            implements
                          YOT reviews
                                                 order                       Enforcement
                          compliance
                                                                             proceedings


                                          Young Person                   7
                                          not compliant
After this event what should you do?

●   Think about throughout the two days, how and what you
    might need to deliver back at your YOT


●   Schedule de-briefing events at your YOT


●   Plan for activities that need to take place post the go-live




                                                        8
Update on guidance




                     9
Update on guidance:
National Standards for Youth Justice
● MUST DO
● Minimum standards for youth justice
● DO NOT address regime standards
● Primarily focussed on community but also interface between YOTs
  and key partners e.g. secure estate
● Used in conjunction with:
    Case Management Guidance
    Criminal Justice & Immigration Act Practice Guidance
    Key Elements of Effective Practice

                                                            10
Update on guidance:
National Standards - What‟s changed?
● Youth Rehabilitation Order and Scaled Approach
● Remand Planning and Remand Reviews
● DTO planning meetings which reflect different lengths of
  orders
● Quality Assurance for assessments
● CAF undertaken in line with local procedures
● Connectivity and other WUYJ processes
● Maximisation of victim involvement
● Intensive Supervision and Surveillance
● Clarified and updated long-term custodial sentences and
  Hospital Order standards                             11
Update on guidance:
Case Management Guidance
● HOW TO
● Aimed at practitioners and managers in the community
● Covering operational and case management responsibilities
● Each section has a reviewing and improving practice section
● Can be used by Secure Estate and partners to look at guidance
  provided to YOTs
● Used in conjunction with:
    National Standards for Youth Justice
    Criminal Justice & Immigration Act Practice Guidance
    Key Elements of Effective Practice
                                                            12
Update on guidance:
Criminal Justice and Immigration Act
Practice Guidance
● NOT statutory guidance
● Main focus is the YRO but other key CJ&I act provisions are
  included
● Enable practitioners and managers to have basic understand of
  implications of legislation
● NOT intended to be a comprehensive guide to legal or practice
  implications of the new legislation
● MUST be used in conjunction with:
    National Standards for Youth Justice
    Case Management Guidance
    Key Elements of Effective Practice
                                                            13
Update on guidance:
Key Elements of Effective Practice
and Source Documents
● WHAT TO DO
● To be used by YOTs and secure establishments
● Describe the features of and approaches to effective interventions,
  by identifying the key elements which are known to work
● Primary tool for evidence based self assessment and quality
  assurance, providing the benchmark for effective practice
● Relevant for those involved in delivery / operational and first-line and
  strategic managers
● Used in conjunction with:
     National Standards for Youth Justice
     Criminal Justice & Immigration Act Practice Guidance
     Case Management Guidance                                  14
Criminal Justice and Immigration
Act (CJ&I) 2008

● Purposes of Sentencing
● Community Related Changes
● Custody Related Changes




                                   15
  Purposes of sentencing
● Brings purposes of sentencing in line with principal aim of preventing
   offending and gives equal weight to other factors including welfare

● When sentencing an offender under 18 the courts should give equal
   weight to:
     the principal aim of the youth justice system (prevent offending)
     the welfare of the young person in accordance with section 44 of the
      Children and Young Persons Act 1933, and
     the purposes of sentencing
        ● punishment
        ● reform and rehabilitation
        ● protection of the public
        ● making of reparation
                                                                   16
Balancing the Purposes of
sentencing
● Far more than with adults, the approach to sentence will be
  individualistic
● In balancing the purposes of sentencing, the key elements are:
     the age of the offender (chronological and emotional)
     the seriousness of the offence
     the likelihood of further offences being committed and
     the extent of harm caused or likely to result
● Proper regard for welfare concerns such as mental health, capability
  and learning difficulties or disorders all which might affect the
  likelihood of the purposes being achieved
(Sentencing Guidelines Council)                                 17
  Welfare Considerations

                       Mental Health
                                                        Culpability
                                                      when addressing
   Courts           Speech & language
                                                        seriousness
    and                 difficulties
   YOTs            Learning difficulties             Ability / willingness
                      / disabilities                  to engage in court

                       Vulnerability
                                                       Purpose / type /
                        Feelings of                  length of sentence
                      discrimination                  and requirements

                      Experiences of                     Ability to
                       loss or abuse                  understand and
                                                    comply with sentence
                       Adolescence
                                                                 18
(Sentencing Guidelines Council and Judicial Studies Board)
Courts Approach to Sentencing

                  Assess offence seriousness


                  Consider offender mitigation



          Principal aim (prevent offending) and welfare


                Balance the purposes of sentencing


 Magistrates will use above to determine if PSR / report required
  YOTs will need to take the magistrates decision in to account


                 Sentencing Decision Reached
                                                               19
Other legislative provisions




                               20
Community related changes
● Youth Conditional Cautions (YCC)
    Higher-tariff, pre-court disposal available for use by police
    Joint Youth Justice Unit are still working on securing pilot sites
    November 2009 launch with proviso of commencement order
● Youth Default Order
    Power in lieu of unpaid fine to impose unpaid work (16-17 yrs),
     curfew (with or without EM) or attendance centre (only)
● Anti-social behaviour changes
    Statutory one year reviews of ASBOs for under 17 year olds
    ISOs must be issued with every ASBO where magistrates‟ court
     consider it would help prevent further antisocial behaviour
                                                               21
Community related changes (2)

 ● ‘Spent’ warnings, reprimands and cautions
     Reprimands and Warning spent once given
     Conditional Cautions spent after three months


 ● Sexual offences Prevention Orders
     Some young people are eligible for these if convicted of an
      offence listed under Schedule 3 of the Sexual Offences Act 2003




                                                            22
Custody related changes
● PSR must be in writing where possible custody sentence likely


● Public protection sentences – minimum custodial term of 2 years before
  any reduction for time spent on remand or before consideration of release
  on licence


● Curfew credit for tagged bail periods, at courts discretion if 9+ hours per
  day, to be taken into account in fixing custodial period


● Young people aged 17 years can be tagged on bail, if court satisfied bail
  would not otherwise be given


● Subject to satisfaction re risk of serious harm to others, automatic 28 day
  release after recall for 12+ months custody
                                                                     23
Referral Orders

● CJI Act changes
● Custody Threshold cases




                            24
Referral Order changes in the
CJ&I Act
From 27th April 2009, Courts can make Referral Orders where:
● There is one previous conviction and Referral Order not given
● Previous bind over or conditional discharge
● In exceptional circumstances on YOT recommendation in case with
  previous Referral Order
● Also includes where a previous custodial sentence has been given


And court discretion:
● Discharge Referral Orders early for good behaviour
● extend up to three months at YOT recommendation e.g. non-
  compliance
                                                            25
Issues since implementation

Second Referral Order (RO):


● Second Referral Order can be given in exceptional circumstances,
  defined by the YOT‟s recommendation to the Court.
● Second RO cannot be given while the first RO is running. Also, the
  second RO for the new offence cannot run concurrently with the first
  RO.
● First RO should be completed successfully and a gap of non
  offending should follow before a second RO is considered.
● The first RO cannot be revoked in order to make a second RO.


                                                             26
Issues since implementation 2
Compensation:
● Consider compensation within the RO contract to avoid using
  Compensation Order which is not spent until 30 months after the
  date on which it is given.


Length of Panel Members‟ Service
● Following a review of Youth Offender Panel volunteer service,
  Ministers have decided that:
    the tenure of current panel volunteers can be extended for a
     maximum of two years
    any new panel volunteer recruited in the next 12 months will be
     recruited for a maximum of six years
    the situation will be reviewed in 12 months.
                                                            27
Referral Order
Custody Threshold Cases
● Custody threshold = adjourn for PSR
● PSR proposal for a Referral Order should be presented as a robust
  and credible sentencing option which should involve a referral
  order intensive contract (Referral Order 09 guidance) – Available NOW
● An referral order intensive contract should include:
     the provision of similar resources to those available for other
      community sentences in custody threshold cases (up to 25 hrs /
      week)
     the full range of intensive community intervention options,
      including non-electronic curfews
     restrictions should be considered to match the requirements of
      the case
                                                              28
    (Referral Order 09 guidance)
  Proposals to Court

                                    Consider a
                                   pre-sentence
          Consider                     panel
            pre-
          sentence
           panel                   Considering
                                    Intensive




                                                                Prepare PSR
                                                  Panel / YOT
                                     Referral     determines
                        Populate     Order?        possible
 PSR       Undertake
                         Asset /                   elements
Request    assessment               Supervise
                         ROSH                         of
                                      Under         contract
                                     Scaled
                                    Approach?




                                                        29
Panel Proposals


If a Referral Order is made:
    YOT panel report includes PSR draft intervention plan
    formal panel meeting within five working days to formally
      agree the contract (where a pre-court panel was held prior
      to sentence).
    intensive contract with full range intensive interventions
      similar to other community sentence custody threshold
      cases



                                                          30
Case Study - Referral Order                      30 mins

1. Review Case Study
2. Consider the Asset / ROSH for Stefan
3. Consider summary page showing indicative intervention level
● Determine what might be the appropriate level of supervision based
  on your assessment
● What representations / recommendations would you make to the
  Referral Panel and Court in relation to the young persons
  intervention
      Why make the proposal?
      What would it look like?
● Record on Activity template

                                                           31
Key Learning
Guidance
● Referral Order Guidance 2009
● CJ&I Act Practice Guidance and Legislation
● National Standards 2009
Key Messages
● Referral Order intensive contracts are optional but should be used to
  prevent young people unnecessarily receiving custody
● Should ideally be done in consultation with Panel prior to sentence
● Locally determined criteria for threshold for referral
● Consider most appropriate use of YOT resources and programmes
  to facilitate these intensive contracts i.e. not advisable to mix referral
  order and ISS young people
                                                                  32
Youth Rehabilitation Order (YRO)

 ● The Youth Rehabilitation Order (YRO) –
   overview
 ● Requirements
 ● Application of the Scaled Approach
 ● Transitional Arrangements
                                            33
YRO – key information

● Only available for cases serious enough to justify a
  community sentence (courts not obliged)


● Is a single community sentence within which a court may
  include one or more requirements variously designed to
  provide punishment, protection of the public, for reducing
  offending and for reparation


● Content and length based on principles of proportionality and
  suitability given that restrictions on liberty must be
  commensurate with the offence
                                                         34
Activity – YRO Overview                         10 mins




● In your pack there are some statements about the YRO with
  the answers on a separate page


● Match the words to the statements


● There will be a prize for the quickest table finished with the
  correct answers




                                                          35
YRO Requirements

● What are they?
● How do they work?
● When can they be used?
● Who is responsible for enforcement?


                                        36
What does the YRO replace?

 ● Action Plan Order
 ● Attendance Centre Order
 ● Community Punishment & Rehabilitation Order
 ● Community Punishment Order
 ● Community Rehabilitation Order
 ● Curfew Order
 ● Drug Treatment and Testing Order
 ● Supervision Order
 ● Exclusion Order


                                                 37
YRO Requirements
1.Supervision Requirement             11.Mental Health Treatment
                                      Requirement
2.Programme Requirement
                                      12.Intoxicating Substance Treatment
3.Activity Requirement
                                      Requirement
4.Attendance Centre Requirement       13.Exclusion Requirement
5.Curfew Requirement                  14.Prohibited Activity Requirement
6.Education Requirement               15.Electronic Monitoring Requirement
7.Residence Requirement (16/17 year   16.Unpaid Work Requirement (16/17
olds only)                            year olds only)

8.Local Authority Residence
Requirement                                  Alternatives to Custody

9.Drug Treatment Requirement          17.Intensive Fostering
10.Drug Testing Requirement           18.Intensive Supervision and
                                      Surveillance
                                                                   38
Activity
What is it?
    Requires young person to engage in activities specified in their order
How does it work?
    No more than 90 days
    Residential (7 days and requires parents/ carers must consent)
    Must consult with YOT and be satisfied of local provision
    Consent where third party involvement
    Can be used to deliver reparation
When is it appropriate?
    To prevent further offending and address all levels on the Scaled
      Approach model
    If enhanced or intensive, additional requirements should be considered
Who manages this requirement?
    The YOT is responsible for monitoring and enforcement
    Reliant on information of compliance and engagement from external
      service providers
                                                                  39
Supervision
What is it?
     Replaces the current Supervision Order. Requires young person to
      meet with the responsible officer or other nominated person as agreed
How does it work?
     Maximum of 3 years
     When attached will last the duration of the order
     To be managed in line with scaled approach intervention level
When is it appropriate?
     To prevent further offending and address all on the Scaled Approach
     Can be used as the vehicle for addressing a young person‟s offending
      behaviour
Who manages this requirement?
     The YOT is responsible for monitoring and enforcement
     Reliant on information of compliance and engagement from external
      service providers
                                                                  40
Unpaid Work
What is it?
     Replaces current community punishment order for 16 and 17 year olds. Requires
      a young person to undertake unpaid work for the specified number of hours
How does it work?
     Only available for 16 and 17 year olds
     40 hours to 240 hours
     Young person must be suitable to undertake the work and that provision must be
      available in the local area
     Specified work must be undertaken within 12 months from when the order came
      into effect
     YRO remains in force until the young person has completed the unpaid work
When is it appropriate?
     Vehicle for repairing harm to the young person‟s community
Who manages this requirement?
     Local probation service responsible for delivery
     Stand alone monitoring when this is the only requirement.
     YOT responsible for breach on behalf of the local probation service
                                                                            41
Programme
What is it?
    Requires young person to engage in systematic number of activities (a
      programme) at a specified place on a specified number of days
How does it work?
    Programme must be recommended by the YOT
    Programme must be available at the place(s) specified
    If a third person‟s compliance is necessary, that person must consent
When is it appropriate?
    Should be considered when a young person‟s assessment shows them
      to be suitable for the specified programme e.g. specific offending
      behaviour programme
    Young person must be capable of managing attendance and
      participation
Who manages this requirement?
    The YOT is responsible for monitoring and enforcement
    Reliant on information of compliance and engagement from external
      service providers
                                                                 42
Attendance Centre
What is it?
     Replaces the current Attendance Centre Order and requires the young person to
      attend the attendance centre for the number of hours specified in the order
How does it work?
     Aged 16 and over = 12 – 36 hours
     Aged 14 and over but under 16 = 12 - 24 hours
     Aged under 14 = no more than 12 hours
     Maximum of 3 hours per day
     Maximum of 1 session per day
When is it appropriate?
     For the majority of young people to prevent further offending and address all
      levels of likelihood of reoffending as described in the Scaled Approach model
Who manages this requirement?
     Attendance Centre Protocol – adapt for local purposes
     Attendance centre officer is in charge of monitoring compliance
     YOT responsible for determining and prosecuting breach
                                                                         43
Prohibited Activity
What is it?
     Requires that the young person must not participate in specified
      activities on the day or days specified or during a set period of time
How does it work?
     A court may not attach unless it has consulted with the YOT or local
      Probation
When is it appropriate?
     Where a young person‟s offending is linked to a particular activity and
       prohibiting this activity would be an effective way to prevent further
       offending.
     Prohibited activities may include non-association with certain peers
Who Manages this requirement?
     The YOT manages this requirement but will need to put in place
      agreements with local partners to ensure it is able to effectively monitor
       and enforce it.                                                 44
Curfew
What is it?
    This replaces the current curfew order and requires a young person to
      remain in a specified place for a specified period of time
How does it work?
    Cannot be for less than 2 hours or more than 12 hours in any day
    Only available for up to 6 months starting on the day the requirement
      first takes effect
When is it appropriate?
    Should be considered when there is a clearly identified time-based
      pattern of offending and a curfew during that period of time would
      contribute to preventing further offending
Who manages this requirement?
    If imposed alongside one or more other YRO requirements for which the
      YOT is ordinarily case manager of if it is a stand alone curfew
      requirement (i.e. no electronic monitoring requirement attached) the
      YOT is responsible for monitoring and enforcement
                                                                45
Electronic Monitoring
What is it?
    Means that the young person must remain in a specified place for the
       specified period
How does it work?
    Must be attached to a curfew requirement unless the court considers it
      inappropriate to do so or is prevented from doing so because:
        • Third part cooperation is required and not obtained
        • The court has not been notified by the Secretary of State of the local
            availability of EM
When is it appropriate?
    Where it is considered that the imposition of this requirement will encourage
      and enable young people to comply with their curfew requirement and
      prevent further offending
Who manages this requirement?
     Where there is only a curfew requirement with EM, the EM provider will
      monitor and enforce
     Where there are additional requirement ordinarily managed by the YOT, the
      YOT will monitor and enforce on advice from the EM provider     46
Exclusion
What is it?
     The exclusion requirement replaces the current Exclusion Order
     Prohibits a young person from entering a place for a specified period
How does it work?
     Period must not be longer than 3 months
     May specify exclusion from a particular place or area for different
      periods over different days
When is it appropriate?
     Should be considered where there is an identifiable geographical /
      physical pattern of offending by the young person and excluding them
      from an area or premises will help to prevent further offending.
Who Manages this requirement?
     The YOT manages this requirement but will need to put in place
      agreements with local partners to ensure it is able to effectively monitor
      and enforce it.                                                  47
Residence
What is it?
     Requires the young person to reside with an individual specified in the order or in
      a place specified in the order
How does it work?
     Courts cannot specify an individual with whom the young person is to reside
      unless that person consents
     Courts cannot specify a place of residence unless the young person is over 16
      years at the time of conviction (a „place of residence‟ requirement)
     Courts must consider the young persons home circumstances and that these are
      contributing to the young persons offending behaviour
When is it appropriate?
     Should only be considered where a young person‟s current living arrangements
      are contributing to their offending behaviour
Who manages this requirement?
     The YOT in original home authority responsible for monitoring and enforcing
     Reliant on progress information from the person with whom the young person is
      residing
                                                                             48
Local authority residence

What is it?
     Requires the young person to reside in accommodation provided by or on behalf
      of the local authority
How does it work?
     Court must consult with parents/ guardians before imposing
     Court must consult with the local authority in which the young person is to reside
      and which will be specified in the order
     Can stipulate that the young person is not to be placed with a specified individual
     Maximum duration of 6 months
     Cannot include any period after the young person has reached 18 years of age
When is it appropriate?
     Where it is considered a young person‟s living arrangements have contributed to
      their offending behaviour
Who manages this requirement?
     YOT responsible for monitoring and enforcing this requirement
     Reliant on information from the authority responsible for the young person‟s
      accommodation
                                                                              49
Mental health treatment
What is it?
     Requires young person to submit to treatment by or under the direction of a
      registered medical practitioner/ chartered psychologist for the period of time
      specified
How does it work?
     Can be either residential or non residential treatment
     Before imposing, the court must have evidence from registered medical
      practitioner that the young person may be susceptible to treatment
     The young person must express a willingness to comply
     Court must be satisfied that there is local provision to deliver the requirement
When is it appropriate?
     Will only be appropriate for those young people where previous voluntary
      engagement has failed and where their mental health conditions has been
      identified as a substantive factor in their offending behaviour
Who manages this requirement?
     The YOT is responsible for monitoring and enforcement
     Reliant on information of compliance and engagement from external service
      providers
                                                                              50
Drug treatment
What is it?
     Requires a young person to submit to treatment during a specified time with the
      view to reduce or eliminate their dependency on, or propensity to misuse, drugs
How does it work?
     Can be residential or non-residential treatments
     Court must be satisfied of young persons dependency or propensity to misuse
      drugs and that they would be susceptible to treatment
     Court must be satisfied that local arrangements are in place to deliver this
      requirement as advised by the Secretary of State and it must have been
      recommended by the YOT or probation as suitable for the young person
     The young person must have expressed a willingness to comply
When is it appropriate?
     Should only be attached where previous voluntary engagement has failed and
      where the young person‟s drug misuse has been identified as a substantive
      factor in their offending behaviour
Who manages this requirement?
     The YOT is responsible for monitoring and enforcement
     Reliant on information of compliance and engagement from external service
      providers                                                          51
Drug testing
What is it?
    Requires a young person to provide samples as instructed by their
      responsible officer
How does it work?
    Can only be imposed if drug treatment requirement also imposed
    Court cannot attach to a YRO unless advised by the Secretary of State
     of the availability of local arrangements
    Young person must express a willingness to comply
When is it appropriate?
    Can be imposed along side drug treatment requirement where it is
      considered it would help the young person in remaining drug free
Who manages this requirement?
     The YOT is responsible for monitoring and enforcement
     Reliant on information of compliance and engagement from external
      service providers
                                                                 52
Intoxicating substance treatment
What is it?
     Requires a young person to submit to treatment during a specified time with the
      view to reduce or eliminate their dependency on, or propensity to misuse,
      intoxicating substances
     Includes alcohol or product whose fumes capable of being inhaled (NOT drugs)
How does it work?
     Can be residential or non-residential treatments
     Court must be satisfied of young persons dependency or propensity to misuse
      intoxicating substances and that they would be susceptible to treatment
     Court must be satisfied that local arrangements are in place to deliver this
      requirement and it must have been recommended by the YOT or probation as
      suitable for the young person
     The young person must have expressed a willingness to comply
When is it appropriate?
     Should only be attached where previous voluntary engagement has failed and
      where the young person‟s intoxicating substance misuse has been identified as a
      substantive factor in their offending behaviour
Who manages this requirement?
     The YOT is responsible for monitoring and enforcement
                                                                          53
     Reliant on information of compliance and engagement from external service
      providers
Education
What is it?
    Requires young person to comply with approved education arrangements
       for a specified period of time
How does it work?
    Young person must be of compulsory school age and requirement and
       cannot be order for any period beyond compulsory school age
    Court must consult with local authority to ensure local provision is available
    It is satisfied that the provision is suitable to the young person‟s age,
       aptitude and any special educational needs
When is it appropriate?
    May be used for young people whose non-attendance in education has
       been a significant factor in contributing to offending behaviour
    Careful consideration should be given to recommending such a requirement
       and should be used only where absolutely necessary
Who manages this requirement?
    The YOT is responsible for monitoring and enforcement
    Reliant on information of compliance and engagement from external service
                                                                   54
     providers
Intensive Fostering
Intensive Fostering mandatory requirements:
    Pilot areas only (Wessex, Staffordshire, London and Trafford)
    Court must consider whether living arrangements contributed to
     offending
    Must end no later than 12 months
    Must not include any period of time after the young person has
     turned 18
    Young person would become looked after
    Must include Supervision Requirement
● For both IF and ISS, additional requirements can be attached (e.g.
  programme requirement) but the YRO is still considered a YRO with
  ISS / Intensive Fostering

                                                            55
Key Learning
Guidance
● Case Management Guidance
● National Standards
● Criminal Justice and Immigration Act practice guidance
Key Messages
● Provisions will need to be made available locally if full range of
  requirements are to be used
● Whilst YOT supervises many of the requirements – they require
  partnership working e.g. prohibited activity requirement
● Local understanding in relation to monitoring and enforcement
  responsibilities for certain requirements
● If transferring a case to another area, you must check that the
  requirements are available – where they are not you will need to
  take the matter back to court                                56
YRO and the Scaled Approach
● Courts Role in sentencing
● Reports for Courts
● Assessments and the Scaled Approach
● Determining Requirements
● Proposals to Court
● Managing Requirements
● Case Management

                                        57
Assessments for reports


  Court
 requests
   PSR          YOT
             undertakes        Populate
             assessment         Asset
   Court                     (and ROSH
 indicates                  if applicable)     Determine
   likely      Gather                        possible YRO
 sentence     Info from      Determine       requirements
              range of    Scaled Approach
               sources      Intervention
                                level

                               Apply
                           professional
                            judgement if     Prepare PSR
                           applicable and     based on all
                          seek managerial    available info
                               signoff           58
Courts’ Role in Sentencing




                             59
Determining nature and extent of
requirements

Key factors from Sentencing Guidelines Council guidance are:
     Seriousness of the offence
     Purposes of sentencing the court wishes to achieve
     Likelihood of reoffending
     Ability of the offender to comply
     Availability of requirements locally


(Sentencing Guidelines Council)


                                                               60
Before making an order…
● The court will consider a report or information from the YOT who will
  be seeking to identify an appropriate balance between:
     the seriousness of the offence
     the risk of harm in the future from any further offences
     the needs of the young person
● YOT will be undertake an assessment using Asset supported by
  professional judgement which will determine:
     the likelihood of re-offending
     the risk of serious harm to others
     Scaled Approach Intervention level
(Sentencing Guidelines Council)
                                                                 61
Determining Length

● The court must fix a period within which the YRO must be
  completed (no be more than 3 years)
● The order will commence the day after the order is made
● BUT where subject to a DTO the court may specify that the YRO will
  take effect either on the day that supervision begins in relation to the
  DTO or on the expiry of that order
● The young person is liable for re-sentence for the offences for which
  the order was made if convicted of another offence whilst the YRO
  is in force
● Sufficient time should be allowed for order to be completed
(Sentencing Guidelines Council)

                                                                62
In summary
● The approach to the sentencing of a youth will be far more
  individualistic
● Where a court is satisfied that a community penalty is appropriate
  and taking account of the assessment in the pre-sentence report (if
  ordered), the consideration process that the court should follow is:
     what requirements are most suitable for the offender?
     what overall period is necessary to ensure that all requirements
      may be satisfactorily completed?
     are the restrictions on liberty that result from those requirements
      commensurate with the seriousness of the offence?


(Sentencing Guidelines Council)
                                                                63
Requesting Reports




                     64
Courts Approach to Sentencing

                  Assess offence seriousness


                  Consider offender mitigation



          Principal aim (prevent offending) and welfare


                Balance the purposes of sentencing


 Magistrates will use above to determine if PSR / report required
  YOTs will need to take the magistrates decision in to account


                 Sentencing Decision Reached
                                                               65
Reports for Courts
● Reports should be based on a thorough assessment of risks
  and needs BUT this does not preclude the use of:
    existing reports
    addendums / updates to existing reports
    expedited reports (stand down written on the day of court
     OR shorter than usual time frame)
    Specific sentence reports
    where sufficient information exists


● With sufficient forward planning by the YOT, adequate
  information should be made available to enable sentencing to
  take place on the day.
                                                       66
(Case Management Guidance)
What are the changes to PSRs?
● PSR standard format:
    front sheet
    sources of information
    offence analysis, including impact of offence on the victim(s)
    assessment of the young person, leading to a proposed
     intervention level
    assessment of the need for parenting support
    assessment of the risk to the community, including the
     Likelihood of Reoffending and Risk of Serious Harm
     (Scaled Approach)
    conclusion and proposal for sentencing.
                                                          67
(National Standards and Case Management Guidance)
Assessment of risk to the community
This section of the PSR should include an assessment of:
● Likelihood of Reoffending
    Based on risk and protective factors from Asset
    Specify the Likelihood of Reoffending including probable nature of
     further offending
● Risk of Serious Harm
    Based on Asset – Risk of Serious Harm and should specify level,
     including who is at risk and what plans to minimise risk
● Scaled Approach Intervention Level
    The assessed likelihood of reoffending and ROSH (where
     applicable) should lead to an indication of suitable level of
     intervention, to inform the final proposal.                 68
Use of existing reports

Use of an existing report:
● Must be based on an Asset assessment completed within last
  three months and where no significant change in circumstance or
  new information since the Asset was completed.
● addresses offences similar in nature to the existing PSR.
● must be quality assured by manager


● Use of an existing report with an addendum:
     above criteria are met
     limited additional information is required to assist the court
     must be quality assured by manager
                                                                 69
Existing Reports NOT to be used
where
● the existing PSR is based on an Asset that is more than three
  months old

● there have been significant changes in circumstances/new
  information since the previous PSR was completed

● the existing PSR does not sufficiently address the issues
  required to assist the court in making a decision about sentencing

● the existing PSR was prepared for the youth court and the current
  sentencing exercise is being heard in the Crown Court

● the young person is at risk of a custodial sentence
                                                             70
Key Learning
Guidance
● Case Management Guidance
● National Standards
Key Messages
● Don‟t always need a PSR
● Recent reports no older than 3 months can be used
● Always a PSR when custody likely
● Other report options still available i.e. expedited, specific sentence
● CJSSS allows for flexibility and is always what's in the best interests
  of the young person
● The PYO targets for PSR completion are no longer relevant. Priority
  cases (e.g. DYO) 10 day and all other reports in 15 days (locally
  agreed)                                                     71
Assessment and the Scaled
Approach




                            72
Where does the Scaled Approach
apply?

The Scaled Approach should be used by the YOT to determine
the level of intervention (either Standard, Enhanced or
Intensive) required when a child or young person is subject to
one of the following court orders:
   • Referral Order
   • YRO
   • Community element of a custodial sentence


    Does not include pre-court interventions

                                                       73
Assessment
● Assessment supports:
    the identification of risks and needs
    an understanding of patterns of offending behaviour
    the planning of effective interventions to prevent further
     offending

● Assessments within the Youth Justice System should focus on:
    Risk of Serious Harm to others
    Likelihood of Reoffending
    Risk of the young person being harmed, i.e. risk of vulnerability

● Assessments are also likely to highlight other needs that may not be
  linked to the child or young person‟s offending behaviour

(Extract from Case Management Guidance)                           74
Completing the Static factors

Static factors           Scoring

Offence type             Motoring offences/vehicle theft/unauthorised taking = 4
                         Burglary (domestic and non-domestic) = 3
                         For current offence – Primary Index Offence
                         Other offence = 0

Age at first             10 to 12 = 4
Reprimand/Caution/       Record 2
                         13 to 17 = previous reprimands / cautions         / warnings
Warning                  No previous Reprimand/Caution/Warning = 0

Age at first             10 to 13 = 4
conviction
                         If to 17 = 3
                         14current conviction is       the first conviction
                         do not score
                         No previous convictions = 0

Number of previous       4 or more = 4
convictions              For = 3
                         1 to 3convictions prior to     this offending episode only
                         No previous convictions = 0

Total static factors score (0-16)


                                                                               75
 Determining Likelihood of
 Reoffending – dynamic factors
Dynamic factors/Asset section        Scoring         Initial
                                                     score
Living arrangements                  0, 1, 2, 3, 4

Family and personal relationships    0, 1, 2, 3, 4

Education, training and employment   0, 1, 2, 3, 4

Neighbourhood                        0, 1, 2, 3, 4

Lifestyle                            0, 1, 2, 3, 4
                                                               Overall assessed
Substance use                        0, 1, 2, 3, 4             likelihood of reoffending
Physical health                      0, 1, 2, 3, 4
                                                               Rating
Emotional and mental health          0, 1, 2, 3, 4
                                                               Standard (score 0-14 inclusive)
Perception of self and others        0, 1, 2, 3, 4
                                                               Enhanced (score 15-32 inclusive)
Thinking and behaviour               0, 1, 2, 3, 4
                                                               Intensive (score 33-64 inclusive)
Attitudes to offending               0, 1, 2, 3, 4

Motivation to change                 0, 1, 2, 3, 4

Total dynamic factors score (0-48)

TOTAL SCORE (0-64)
                                                                                   76
Determining intervention level
Child/young person profile                                           Intervention
                                                                         Level
Low likelihood of reoffending (as indicated by Asset score
[dynamic and static factors] between 0 and 14 inclusive)
                                                                      Standard
AND
Low risk of serious harm (as indicated by no risk of serious harm
assessment being required, or low risk of serious harm assessment)

Medium likelihood of reoffending (as indicated by Asset score
[dynamic and static factors] between 15 and 32 inclusive)
                                                                     Enhanced
OR
Medium risk of serious harm (as indicated by risk of serious harm
assessment)

High likelihood of reoffending (as indicated by Asset score
[dynamic and static factors] between 33 and 64 inclusive)
                                                                      Intensive
OR
High risk of serious harm or very high risk of serious harm (as
indicated by risk of serious harm assessment)
                                                                         77
Factors affecting Interventions
● Professional Judgement
     Changes to the initial intervention level should be defensible,
      discussed and agreed with a manager, and the reasons clearly
      recorded.
● Vulnerability and welfare considerations
     Should ensure vulnerability is assessed and identify what action
      will be taken
     Should not affect the Scaled Approach intervention levels, but
      should form part of the overall intervention plan, and vulnerability
      plan where one is needed.
● Once a final judgement has been reached this should be used to
  inform the proposal made to the court or report to the youth offender
  panel.                                                      78
Case Study - Determining the
                                             10 mins
Intervention Level
1. Review change in Stefan‟s circumstances
2. Review updated Asset sections
3. Populate the activity template / YOT workaround
4. Determine the intervention level
5. Inform your table facilitator of what you have
   determined.




                                                       79
Key Learning
Guidance
● Scaled Approach Model Document
● Case Management Guidance
● National Standards
● APIS KEEP


Key Messages
● Quality is paramount
● Professional Judgement
● Effective recording
● Defensible decision making
                                   80
Determining Requirements




                           81
Determining appropriate
requirements
The content of the order proposed should be based on:
● Indication from the court (offence seriousness and
  proportionality)
● The assessment (including Asset / RoSH) of the risk
  factors that need to be addressed
● The assessed intervention level
● Professional judgement
● The local availability of requirements and programmes
  that are most likely to reduce the likelihood of
  reoffending                                        82
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               General non-specific counselling                                               no yes yes no yes no no no yes yes yes yes no

 Supervision   Family support                                                                 yes yes yes yes yes no yes no no yes no yes no

               drug awareness                                                                 no no no no yes yes yes no no yes no yes no


               Reparation activity (Catholic / Anglican churches, Muslim Helpline, Generous
                                                                                              no no no no no no no no no yes yes yes no
               Charity Shop, Polish community centre)
   Activity    Work experience at Alpha School to Job Club                                    no no no no no no no no no yes yes yes no

               Style Doctors (female offenders)                                               no no yes no yes no no no no yes yes yes no


                                                                                                                                83
                                                 45 mins
Case Study - determining
requirements and proposal to Court
● You have determined Stefan‟s Scaled Approach intervention
   level
● The next step is to determine the appropriate proposal to
   court
● You will need to
    Review Anytown YOTs Package of Intervention (POINT)
    Determine which requirements are appropriate
    Choose a lead person to present your proposal to court
● Your table facilitator will act as the magistrate and you must
   be prepared to take questions from the bench
                                                           84
Key Learning
Guidance
● National Standards
● Case Management Guidance
● APIS KEEP
● Offending Behaviour Programme KEEP
Key Messages
● What requirements are most suitable for the offender?
● What overall period is necessary to ensure that all requirements
  may be satisfactorily completed?
● Are the restrictions on liberty that result from those requirements
  commensurate with the seriousness of the offence?
● YOT determines intervention level, courts determine overall
  sentence
                                                               85
Planning and Delivering
Interventions
● Managing Requirements




                          86
Planning and delivering
interventions
● Should be the focus of YOT work in relation to preventing
  offending and reoffending by children and young people


● A crucial element is a structured, effective and defensible
  approach to managing the risks presented by children and
  young people


● The case manager is essential in ensuring that there is an
  overview of work being undertaken


                                                         87
Case manager and case
management functions
● assessment
● targeting
● intervention planning
● management of risk
● co-ordinating services
● engagement and motivation
● enabling and enforcing compliance
● control and surveillance
● review and evaluation
                                      88
Intervention Planning

Intervention plans should take into account the


    Child or young person‟s maturity
    Learning style
    Motivation
    Speech and language considerations
    The resources available locally
    The assessed level intervention determined via the
     Scaled Approach
                                                  89
  Level of                          Method of intervention planning
intervention

               ● YOT case manager.

Standard       ● Plan is unlikely to require significant provision of external or multi-agency
               resources

               ● May be undertaken in a multi-agency meeting.

Enhanced       ● Intervention plans should involve the relevant range of multi-agency
               professionals within the YOT, for example for specialist assessments or
               interventions.
               ● External agencies should be involved in this process as required.

               ● Should be undertaken in a multi-agency meeting with the input of external
               agencies
Intensive
               ● Should be managed in line with the Deter Young Offender Framework.
               ● Should involve the relevant range of multi-agency professionals within the
               YOT, as well as significant external specialists
               ● The multi-agency approach should also facilitate specific information and
               intelligence-sharing arrangements aimed at deterring further offending.
                                                                                90
Managing Requirements
Always remember:


● In line with the Offending Behaviour KEEP source document,
  that all programmes with young people should be scaled to
  meet individual risk and needs


● The YOT Case Manager should maintain sufficient contact
  with the child or young person in order to fully discharge their
  responsibilities as Case Manager (as outlined within YJB
  Case Management Guidance) and to ensure that the YRO
  requirements are delivered fully.
                                                          91
Which YRO requirements can
count towards scaled
approach contacts?




                             92
Managing Requirements
Will all YROs be managed under Scaled Approach CONTACT levels?


● Standalone: Curfew, Electronic Monitoring, Attendance Centre and
  Unpaid Work


● Supervision Requirement


● Supervision Requirement + other requirements?




                                                          93
What is a contact?

• A contact is a face to face planned meeting between:
   • the child/ young person
   • the YOT case manager
   • another member of the YOT
   • a member of another agency or
   • a volunteer

• And are approved to work with the young person in
  respect of the supervision of his or her court order




                                                    94
 Scaled Approach Contacts

CAN BE INCLUDED:                      EXCLUDED FROM CONTACTS:
●Activity Requirement                 ●Education Requirement
●Programme Requirement                ●Local Authority Residence
●Attendance Centre Requirement        Requirement.

●Unpaid Work Requirement              ●Electronic Monitoring Requirement

●Mental Health Treatment              ●Exclusion Requirement
Requirement                           ●Curfew Requirement
●Drug Treatment Requirement           ●Prohibited Activity Requirement
●Drug Testing Requirement             ●Residence Requirement
●Intoxicating Substance Requirement


                                                                95
 Requirement Delivery

   YRO

                           Programme
Supervision               (12 sessions)




                                                                     Curfew with EM
                              Attendance
Programme
              Education


                            Centre (36 hours)

Attendance                        Supervision (2 years)
   Centre                 Contacts in line with National Standards

Education                        Monthly Contacts
Curfew with
    EM
                                                           96
Case Study – Managing                              20 mins

Requirements
● Review the court order from Anytown Youth Court


● Consider all that you know about Stefan and discuss and determine
  how you would manage his order under your assessed level of
  intervention


● Include how you might address welfare issues


● Record your decisions on the Activity template



                                                             97
Key learning
Guidance
● Case Management Guidance
● National Standards
● KEEPs – thematic
Key Messages
● Welfare issues
    Are an important consideration at the point of sentence
    Should be consider and addressed throughout intervention
    Welfare issues NOT linked strongly linked to offending should
     still be dealt with but outside of statutory contacts and with
     involvement from partner agencies
● Scaled Approach – more than just contacts
● Takes account of young person‟s individual circumstances
                                                               98
Quality Assurance




                    99
The renewed focus on quality
assurance




                               100
What happens now…


      Sentence
    Represents offence     Asset
     seriousness and     and ROSH
      proportionality




     Number               Nature of
    of contacts          intervention

                                   101
What changes with the Scaled
Approach…

      Sentence
    Represents offence     Asset
     seriousness and     and ROSH
      proportionality




      Number              Nature of
     of contacts         intervention

                                   102
What does this mean?


 YOT assessments will have a much greater
    impact upon the level and nature of
       intervention than previously




  Consequent responsibility to ensure the
 quality of assessments, reports and plans

                                      103
Quality Assurance principles




                               104
This section covers:

●   Defining quality in youth justice
●   The three components of quality assurance
●   Responsibilities for quality assurance
●   When quality assurance should be used




                                                105
What is quality in youth justice?

                                    National standards
      Adhering to                    HMIP standards
 MINIMUM STANDARDS                  YJB data guidance
                                        (the „must‟)

 Selecting approaches on            KEEPs and KEEP
  the basis of the BEST             source documents
 AVAILABLE EVIDENCE                    (the „what‟)


    Understanding HOW              Case management
  interventions should be               guidance
 carried out and applying it           (the „how‟)



                    = Quality practice          106
What is quality assurance?


      Testing products and outputs (for example
              reports and assessments)




    Measuring effectiveness of products and outputs




  Analysing themes and driving continual improvement



                                                      107
Testing products and outputs
         This process seeks to measure the document itself:
Ensure             ● Basic personal data
completeness            e.g. ethnicity / age
                   ● All relevant fields completed

Ensure timeliness ● Asset completed before reports
(or process)       ● ROSH completed where required
                   ● National standards adhered to
                   ● Management countersignatures where necessary
                   ● Case transfer and closure process
Ensure accuracy    ● Young person self-defines ethnicity
(or quality)       ● Range of sources consulted
                   ● Quality of assessments, reports and plans
                                                                 108
Measuring effectiveness of
products and outputs
          This measures the effectiveness of the document:
Asset and ROSH    ● Disproportionality rates
                  ● Feedback from young people and stakeholders
                  ● Feedback from YOT risk management forums
Reports           ● Congruence rates (including disproportionality)
                  ● Sentencer confidence
                  ● Feedback from young people
                  ● Feedback from other stakeholders
                  ● Do reports
Plans             ● Interventions are evidence based (as per relevant
                  KEEP
                  ● Achievement of planned interventions
                                                                 109
                  ● Feedback from young people and stakeholders
Analysing themes and driving
continual improvement
Collation, analysis and application of learning of the data gathered
                               into :
Individual and     ● Asset, reports and planning quality information
service training   ● Collated lessons from staff supervision
needs analysis     ● results from use of KEEP self assessment tool
                   ● Feedback from young people and stakeholders
Performance        ● Asset, reports and planning quality information
reporting          ● Feedback from young people and stakeholders
Stakeholder        ● Feedback from young people and stakeholders
engagement

Service            ● Asset, reports and planning quality information
improvement        ● Collated lessons from staff supervision
plans              ●Feedback from young people and stakeholders
                                                                  110
 Data and the Scaled Approach and
 YRO
  Key data which tell you about the effectiveness of the Scaled Approach:

Asset and ROSH       ● Completeness
                     ● Quality
                     ● Management oversight
Reports              ● Quality
                     ● Congruence between sentence proposals and outcomes
Plans                ● Quality
                     ● Implementation
                     ● Review
Disproportionality   ● Any discriminatory effects (e.g. more girls in the intensive banding)

Feedback             ● From young people, parents and carers
                     ● From other key stakeholders

Service review       ● PIF returns
                                                                             111
                     ● KEEP self-assessment tool completion
  Who’s job is quality assurance?

                                                                 Gatekeeping
 Individual QA
                                          Peers and            •Completeness
 • Completeness and
                                          Senior practitioners     and quality
 quality
                Practitioners and admin




                                            Service and
                      Operational
                                            performance
                      managers
                                            managers
Dip-sampling
• Completeness and
quality
• Themes and issues
                                            Collation and analysis
                                            • service and individual improvement
                                                                      112
                                            (PIF / KEEP self-assessment)
When should quality assurance be
used?


           As often as is necessary!
  Based on:
  • How important the product / practice is
  • Who the audience is
  • What quality is currently like
  • The resources required to measure quality


 At 14.45 this afternoon, there will be demonstrations of the QA tool
                                                             113
Key learning
Guidance
● Case Management Guidance
● National Standards
● KEEPs – thematic
● Youth Justice Planning Framework Guidance 2008
Key Messages
● The Scaled Approach and YRO will require YOTs to review their
  processes and materials
● The success of the Scaled Approach relies heavily upon quality
  assessments, reports and plans
● The YJB has provided assistance to YOTs in the form of:
    KEEP self-assessment toolkit
    Quality assurance materials
                                                            114
Transitioning from old to new
orders




                                115
                           Old
                          Orders

                          2004 NS
                                       Old Orders
    Offence   Sentenced
                                        New NS
1                                        (apply
                                        Scaled
                                       Approach)
               Offence     Sentenced

2                                                         YRO

                                                     New NS
                                                      (apply
                          Offence Sentenced          Scaled
                                                    Approach)
3

                   30 November 09                   116
Activity –                                             20 mins

transitional arrangements
 ● Review the statements on Activity Sheet


 ● Answer the questions, stating fully your reason why you believe the
   answer to be correct


 ● Your table facilitator will support your understanding should you be
   unable to answer the questions


 ● Your facilitator will let you know if your answers are correct



                                                                 117
Custody threshold and
persistence




                        118
Custody threshold

● Custodial sentences:
    only if offence punishable by imprisonment
    the court forms the opinion that the offence/s are so serious that
     a community sentence cannot be justified
    court states YRO with Intensive Supervision and
     Surveillance (ISS) or Intensive Fostering not appropriate
     and reasons why (schedule 4 – paragraph 80 (3))
    only imposed if custody is a last resort


● Taking into account the young persons circumstances, age, maturity


                                                              119
Custody threshold (2)
● Certain sentences are only available where the young person is
  deemed as a ‘persistent offender’:


     A YRO with Intensive Supervision Surveillance or Intensive
      Fostering for a young person aged 10 - 14 years
     DTO for a young person aged 12 and 14 years
     (This criterion does not have to be met before the Crown Court imposes
      long term detention or detention for life)


● Similarly, additional powers may be available to a court where a
  youth rehabilitation order has been breached “wilfully and
  persistently”


                                                                 120
 SGC guidance on Persistence (1)

● Not defined in legislation but has been considered by Court of
  Appeal and SGC has taken this into account
● Court considers if the young person is one who persists in
  offending
● At its simplest the young person will have had some contact
  with authority in which their offending conduct was
  challenged. This can include pre-court disposals but not
  Penalty Notice for Disorder as they do not require any
  admission of guilt
(Sentencing Guidelines Council)

                                                           121
 Guidance on Persistence (2)

● If custody is being considered (as a last resort) then it is likely
  that the offender will have admitted or been found guilty of an
  imprisonable offence on at least 3 separate occasions in the
  last 12 months (whether pre court disposal or a sentence of
  the court).
● YJB is disputing the inclusion of pre court disposals
● Court not obliged to impose a custodial sentence or ISS / IF
● NB the guidelines state „likely‟, therefore there is still some
  scope to classify as persistent with less than that in rare
  circumstances.
(Sentencing Guidelines Council)                              122
Wilful and Persistent - guidance

● Offender is likely to be found to have “persistently” breached a YRO
  where there have been 3 breaches (at court) demonstrating a lack
  of willingness to comply with the order


● The court must find the breaches to have been „wilful‟ if it is to gain
  access to the extra powers


● For a non-imprisonable offence, custody is an option only if:
     following „wilful and persistent‟ non-compliance of a YRO
     And „wilful and persistent‟ non-compliance with a YRO with
      Intensive Supervision and Surveillance or Intensive Fostering
     Limits on length of time in custody – four months for the above
      situation
                                                                123
YRO - Intensive Supervision and
Surveillance (ISS)

 ● Determining ISS Levels




                              124
 Alternatives to custody
● The YRO brings into its remit two alternatives to custody:
    YRO with Intensive Supervision and Surveillance (ISS)
    YRO with Intensive Fostering (pilot areas only)


● The conditions to be met for:
    The offence must be imprisonable
    Crosses the custody threshold
    If young person under 15 years at time of conviction must be
     deemed persistent
       ● If not deemed persistent but the offence is still deemed
         serious then a YRO with proportionate requirements should
         be imposed
                                                             125
Intensive Supervision and
Surveillance
● ISS mandatory requirements:
     An extended activity requirement (more than 90 days but no more than 180
      days)
     Supervision Requirement
     A Curfew Requirement with electronic monitoring (standalone the exception)


● Three levels of ISS now available:
     Extended (12 month) ISS
     Band 1 Intensity ISS (91 day activity)
     Band 2 Intensity ISS (91 day activity)




              How do you determine which level?
                                                                   126
Assessment for ISS proposals


                                                                                                                                      Extended (12 month) ISS
                                                                                                                                        with 180 days activity:
                                                                                                                     YES              Months 1-4: 25 hours p/w
                                                                                             Is an extended                           Months 5-6: 15 hours p/w
      ASSET/                                   Asset                                          ISS the only                            Months 7-12: 5 hours p/w
       ROSH                                    score                      Apply                  option to
    Undertaken                              33-64 and/or               professional             prevent a
    / reviewed                               very high                  judgement                custodial
                                               ROSH                                                                   NO                     Band 1 ISS
                                                                                                sentence?                               with 91 days activity:
                                                                                                                                        Month 1: 25 hours p/w
                     Assessed                                                                                                           Month 2: 25 hours p/w
                       level of                                                                                                         Month 3: 25 hours p/w
                                                                                                                     YES
                    intervention                                                                                                       Months 4-6: 5 hours p/w
      PSR to          required
       court                                                                                    Is a Band 1
                                                Asset
                                                                                               ISS the only
                                                score                     Apply                                                              Band 2 ISS
                                                                                                  option to
                                             24 – 32 and               professional                                                     with 91 days activity:
                                                                                                 prevent a
                                               /or high                 judgement                                      NO               Month 1: 20 hours p/w
                                                                                                  custodial
                                                ROSH                                                                                    Month 2: 20 hours p/w
                                                                                                 sentence?
                                                                                                                                        Month 3: 10 hours p/w
                                                                                                                                       Months 4-6: 5 hours p/w
        ISS                                                                    ISS threshold
     threshold
       met (1)


                                    If the young person meets the custody threshold but does not have an Asset score of 24 and above and/or a
                                        high or very high ROSH, the YOT should consider proposing a high level YRO intervention package as
                                                                          determined by local resources
      START

     (1) Young person has passed the custody threshold (and if under 15 they are deemed to be persistent) or where court determines young person has wilfully and
         persistently failed to comply with their YRO for a non-imprisonable offence (see SGC guidance for further information re. persistence and wilful and persistent
         non-compliance)




                                                                                                                                                     127
                                                   20 mins
Case Study – YRO ISS

● Consider the changes in Stefan‟s circumstances
● Determine which level of ISS might be suitable




                                                             128
Key Learning

Guidance
● National Standards
● Case Management Guidance
● ISS Operational Guidance
● Criminal Justice and Immigration Act practice guidance
● KEEP – APIS and Engaging Young People who Offend


Key Messages
● ISSP is still available for young people on community element of
  custodial sentence and bail
● Further information in the ISS Operational Guidance
                                                            129
Enabling and enforcing
compliance
  ● What does successful completion
  look like?
  ● Enabling compliance
  ● YRO and breach
  ● Revocation and amendment

                                      130
All is not as it seems…

● What is the purpose of „Enabling and Enforcing‟?
● To achieve compliance? Not necessarily…you can comply
  and not engage.
● To achieve engagement? Partially…you can engage and yet
  not fully comply.
● It is about enabling the child or young person to successfully
  complete their order/requirements




                                                        131
What constitutes successful
compliance?

Is it:
● Attendance at contacts as required by Order/ Requirements?
● Engaging with the interventions provided (how appropriate
    are they?)
● Behaving in line with agreed standards?
● All of the above?




                                                      132
What constitutes unsuccessful
compliance?
● How do we define „unacceptable‟?
● Is there a fixed definition of „unacceptable‟? Can/should we
  apply a one size fits all approach? How is this developed
  locally?
● Do we expect the same level of compliance from a yp
  undertaking 12 contacts per month vs. 2 contacts per month?
  How do we make these judgements?
● Unacceptable behaviour
● Not engaging with the intervention? There in body but not in
  mind? Links to Engaging Young People Who Offend
  KEEP/Offending Behaviour KEEP.                        133
How do we enable compliance?

Engaging Young People KEEP
● Appropriate assessments leading to appropriate interventions
     takes into account age and stage, maturity, speech and
      language, offending career (group vs. 1-1), gender, ethnicity etc
● Sequencing of interventions – links to Maslow. Basics first then
  building to more cognitive interventions.
● Use of review to ensure on track
● Assessment is not a static process…use it to inform interventions
● Coordination of services (e.g. between Children‟s Services/
  Education & YOT)
● Information sharing and regular updates.
                                                              134
Specific groups
What about MAPPA young people?
● Considerations of public protection/risk of serious harm to others.
● Fast Track breach?
What about DYO?
● Impact of intelligence sharing on likelihood of breach?
● Enforcement in a DYO environment and managing different
  expectations?
What about vulnerable young people?
● Risks of losing contact/mispers etc
● Ongoing engagement
● Safeguarding issues
                                                              135
The YRO and breach (1)
The legislation – CJ&I Act 2008
● A young person is in breach of their YRO if they have failed without
  reasonable excuse to comply with any requirement in their order
  on three separate occasions within a 12 month ‘warned period’,
  which begins on the date of the first warning.
● There is a presumption in favour of referring the matter back to
  court after a third failure to comply and a discretionary power to
  do so after the second failure to comply
● Key points:
     Determining reasonable excuse
     Breach of any requirement is a breach of the order
     12 month warned period (begins on date of first warning)
                                                             136
  The YRO and breach (2)
● If no reasonable excuse for non-compliance must issue first
  warning in writing (start of warned period) describing:
    The circumstances of the failure to comply
    A statement that the failure is not acceptable
    A warning that a further failure to comply may lead to the
     order being referred back to the court.


● Can refer case back to court at any time where a significant
  issue has taken place


● YOT Manager can stay court action if appropriate
                                                            137
Courts role in enforcement (1)

● Court is not obliged to make any order but may allow the YRO
  to continue
● No obligation on the court to make an order more onerous
  (SGC)
● Options available to court:
    No action:
    impose a fine
    amend the terms of the order; or
    revoke the order and re-sentence the offender

                                                     138
Options available to court:
● No action: YRO continues -can be used to „mark the breach‟
● impose a fine (in which case the order continues in its
  original form);
● Amending terms - may impose any requirement available
  when making the order either in addition to, or in substitution
  for, any requirements
    If YRO did not contain an unpaid work the minimum period
     is 20 hours
● Revoke and Re-sentence - May not amend the terms of a
  YRO that did not include ISS or IF by inserting them at this
  stage; the offender must be re-sentenced and the original
  YRO revoked.
                                                         139
Breach Reports
● Are you a half glass full or half glass empty when it come to breach?
● National Standards state that YOTs should ensure that they have in
  place mechanisms to enable young people to comply
● Consider a balanced approach where possible:
     Detail what the young person has complied well with
     Outline what they have not complied with and based on your
      assessment with the young person why this is
     Propose how you and the young person will work to ensure
      successful completion of the order
     Make it outcome focussed


                                                             140
                                                 20 mins
Activity - Breach

● You will find a timeline and questions in your packs


● Consider the questions and discuss the answers in your
  groups


● Your table facilitator will be at hand to advise




                                                           141
Revoking and Amending
Revocation of a YRO
● YRO‟s can be revoked on the grounds of good progress/responding
  well to treatment – on the application of responsible officer (if
  unsuccessful then no further application for three months).
Amendment of a YRO
● YRO‟s can be amended on the application of the responsible officer.
● Why?
    If the yp moves area then the responsible officer can apply to
     have the court area changed.
    Remove an existing requirement if it is no longer
     required/appropriate.
    Replace a requirement with another requirement that was
     available at sentencing.
                                                             142
Case study – revocation and                      15 mins

amendment
● Consider the update provided on Stefan and have a group
  discussion on next steps




                                                            143
Key Learning

Guidance
● National Standards
● Case Management Guidance
● KEEP - Engaging Young People who Offend and APIS


Key Messages
● Introduction of the warned period
● Key consideration for YOT manager to stay breach
● Examine your local success around enforcement and compliance?
  How can we improve our services?

                                                       144
Pre Implementation Feedback
and
Consolidation Approach




                              145
Pre-Implementation feedback


147 responses at time slide compiled (93.6%)


Key initial messages
Operating a formal risk-based approach
                       37% YOTs said NO
Have you the necessary information to implement the
  Scaled Approach
                       25% YOTs said NO
                                                 146
Implementation – the challenge
  Do you believe staff understand the implications and
  cultural changes required to implement the Scaled
  Approach?


  Practitioners                  NO     38%
  Administrative staff           NO     66%
  Community Panel Members        NO     51%




                                                  147
Engagement
Is the Management Board aware?
                         YES 81%


Does the court understand the Scaled Approach?
                         YES 65%


How long will it take to embed practice?
                   8 months (the average)



                                                 148
Your support needs

Mainly good news
● Over 80% respondents said they have been provided with
  enough support across all areas


● However, 10% considered that they did not have enough
  information or that centrally produced information (toolkits,
  slide decks etc) were inadequate.




                                                         149
Post Implementation approach

From implementation to consolidation




                                       150
Scaled Approach roles and
responsibilities
                             Central
Wales & Regional             Implementation team
YRO & Scaled                 REVISED ROLE
Approach Leads
REVISED ROLE




 YOT YRO & Scaled       YOT Management
 Approach Leads         Boards,
 REVISED ROLE           YOT Officers
                                     151
The role of the Central Implementation
Team

● Continuation of existing support arrangements (unless
  you tell us something isn‟t working!)
● Design and development of consolidation tools for YOT
  partnerships and Wales / regional teams
● Advice and assistance to Wales and regional leads
● Pro-active and reactive support to YOT partnerships in
  conjunction with Wales / regional leads
● Information and query management



                                                  152
 Consolidation approach
Upfront planning, based
on judgement, impact,              Support delivered
knowledge of business,             during implementation
number of cases


                                   43 YOTs approached
              Pro-active Support    17 YOTs accepted


                                       157 YOTs
        STANDARD SUPPORT            Tools, materials,
                                         advice

                                       Responding to
              Reactive Support       support requests,
                                      answering inbox
                                    queries, support to
                                          regions
Request for
assistance                                   153
from YOTs
       STANDARD
Consolidation
● YOT consolidation schedule
    Revised Scaled Approach lead role
    Consolidation group terms of reference
    Indicators of embedded practice
    Quality assurance and service development
    Benefits measurement and management reporting
    Partnership working and ongoing work with Courts
● Tool sets



                And regional support as normal!         154

				
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