Oxfordshire Youth Justice Service
Learn about the work of the multi-agency Youth Justice Service.
We are a multi-agency service made up of:
- youth justice
- police
- health
- probation
Our practitioners work holistically with children, families, and partners to assess, plan and deliver tailored interventions to support desistance from crime and to help children develop positive identities for their futures.
The principal aims of the youth justice system are to:
- prevent youth crime
- reduce the number of first-time entrants to the system
- reduce re-offending
- reduce the number of young people within the youth secure estate
- safeguard young people from harm
- protect the public from harm
- repair the harm caused by youth crime
In line with the Youth Justice Board's 'child first' ethos, we are very mindful of language to reduce stigmatisation and labelling. We do not use language such as "offender", and rehabilitative and restorative principles are at the heart of our practice, which is why we use the term 'justice' in our name instead.
What happens if a child or young person is arrested
If a child or young person has been arrested, they will normally be taken to the nearest police station. If they are under 18, they have the right to have an appropriate adult with them at the police station. An appropriate adult must be over 18 years of age and could be a:
- parent
- carer
- relative
- social worker
- youth worker
If no one is available, the Youth Justice and Exploitation Service provides an appropriate adult service from our pool of trained community volunteers. The police custody will arrange this. If the child is under 18, the police must try to contact their parents or carers first.
The police will interview the child or young person with a solicitor present. The young person should have an opportunity to speak with the solicitor before the interview. If the young person does not have a solicitor, the police will arrange for a duty solicitor to be appointed.
How the police make decisions
The police will attempt to gather all information regarding the alleged offence to decide how to proceed. Their decision will be made on the basis of:
- the quality of the evidence
- the seriousness of the offence
- whether prosecution is in the public interest
- the likelihood of getting a conviction
For less serious crimes, a young person could be released from police custody while further evidence is gathered. For more serious crimes, they may be held until they can be taken to court.
Out of court disposals - when a case doesn't go to court
Out-of-court disposals (OOCD) are a way for the police to handle lower-level or first-time crimes without sending the case to a formal court.
Oxfordshire Youth Justice and Exploitation Service (YJES) has a Joint Decision-Making Panel which includes:
- police
- children's social care
- education
- Liaison and Diversion Service
The purpose of this panel is to review children the police refer to decide on the fairest and most proportionate outcome.
Court disposals - when a case does go to court
Going to court for a child and as a parent can be a stressful, confusing, and difficult time. The Oxfordshire YJES is there to support children and families through the process. We will explain the process and what is likely to happen both before and after the court process.
Youth court
If the child or young person cannot be dealt with by an out of court disposal, they may be 'charged to court'. They will be given a date to appear at court. Youth court is a specialist court for children and is less formal than adult courts. Children are called by their first names. The judge or magistrates will speak directly to the child and may ask questions to better understand what's going on for them. Youth courts are specifically designed to help children understand what is happening and feel less intimidated by their surroundings. Cases can be heard by one district judge (DJ) or three lay magistrates.
Children under 16 must attend with a parent or carer. Sixteen and seventeen-year-olds may attend with a parent, carer or someone to support them. The parent, carer or supporting adult should sit next to their child and remain seated throughout the proceedings.
Adult magistrates' court
Most children will go to the youth court unless they have been refused bail by the police and no youth court is available. In that case, they will be taken to the adult magistrates' court for a bail decision, and will then have to appear at the next youth court. Oxfordshire YJES will be at court on these occasions to assist the court in making a decision about the suitability of bail. They will complete an assessment on the child and their circumstances and, where appropriate, create an intervention package to support them on bail.
A child jointly charged with an adult will go to the adult magistrates' court for their first appearance.
Crown Court
At the first appearance, the court will usually ask the child if they are guilty or not guilty. If the child is charged with a 'grave crime', the court will decide which court will hear the case. More serious cases may be sent to the Crown Court. The majority of cases will stay in the youth court.
Understanding youth sentences
Children and young people will normally be sentenced in a youth court. Where an offence indicates a more serious sentence, the case could be heard in the Crown Court (where longer sentences can be given).
Discharges
These are given for the least serious offences and mean that the child or young person is released from court without any further action. They may, however, still get a criminal record.
Absolute discharge
The court decides not to impose a punishment because the experience of going to court has been punishment enough.
Conditional discharge
If the child or young person commits another crime within a given period, they can be sentenced for both the first offence and the new one.
Fines
The fine should reflect the offence committed and the child or young person's ability to pay. Where the child or young person is under 16, the parent or carer is required to pay the fine, and their ability to pay is taken into account when setting the level of the fine.
Referral orders
The referral order is normally the first order a young person can have at court. After a child has been sentenced to this order, a worker from the Oxfordshire YJES will meet the young person and their parents or carers. The worker will gather information from any professionals involved to carry out an assessment. They will then meet their referral order panel so that a 'contract' can be agreed with the young person and their parent or carer. This contract will address how the harm caused by the offence can be mended and how the young person can be supported not to commit further offences.
A parent, carer, or responsible adult (including any professional involved) may be required by the court to attend the panel meetings.
The following orders will only be given in court after an assessment has been carried out, similar to that for an out of court disposal and a referral order. This assessment will be presented to the court as a report to help with sentencing and is called a pre-sentence report (PSR). The young person, their parents, and any professionals involved will be consulted in the preparation of this report, as it will make recommendations to the court on the order the young person should be sentenced to. If you are a parent, make sure you talk with Oxfordshire YJES about this report.
Youth rehabilitation orders
A youth rehabilitation order will contain one or more 'requirements', which will usually include working with Oxfordshire YJES (a supervision requirement) and other activities, such as:
- unpaid work
- a curfew
- needing to live in a certain place
Typically, this will start with at least weekly appointments with a worker from the YJES, sometimes more (depending on risk). It can include the installation of electronic monitoring equipment at the young person's home for up to 3 months. It can also include intensive intervention programmes for up to 25 hours a week over a 3 month period.
Custody (in prison)
Only a very small number of young people receive a custodial sentence for very serious offences. If a child or young person is sentenced to custody, they will go to one of the following:
- a secure children's home (SCH)
- a secure training centre (STC)
- youth offenders institute (YOI)
For longer sentences, they may move from one to another as they get older or their risk changes. The first half of the sentence is usually served in custody, and the second half is supervised by the YJES in the community.
Oxfordshire YJES remain responsible for the child or young person's case wherever they are placed and will be in frequent contact with the:
- parents or carers
- secure accommodation provider
- the young person
Young people will have frequent meetings and reviews, which parents should attend. Parents will be able to visit at other times by arrangement with the secure provision. If agreed, young people can have telephone contact with family and professionals. Maintaining contact is a high priority for young people in custody, as it is a key element for resettlement when they are released.
Contact Oxfordshire YJES if you want to know more if your child or young person is at risk of a custodial sentence.
Criminal records and disclosure
For further information about criminal records and DBS checks, read Criminal record checks and disclosure – what shows up?
The interventions we deliver
- understanding the harm – helping young people repair the harm (restorative justice)
- reparation – paying back for the harm the young person has caused
- unpaid work – completing work-based and activity tasks, this can be helpful in preparing young people with some skills for employment
- education, employment and training – helping people get back into education or work
- drugs and alcohol work – helping understand drug use and how it affects offending
- offending behaviour work – what leads to young people committing offences
- communication support – lots of young people have unrecognised communication issues, and we have close links with speech, language and communication colleagues
- support from CAMHS (mental health) - help with managing emotions and trauma
Restorative justice
The Restorative Justice Council describes restorative justice as:
"the process that brings those harmed by crime or conflict and those responsible for the harm into communication, enabling everyone affected by a particular incident to play a part in repairing the harm and finding a positive way forward."
Every young person under youth justice supervision is encouraged to learn about the harm caused by their behaviour and to consider ways to repair that harm.
Restorative justice practitioners
Our restorative justice practitioners consult with the victims of youth crime to hear how they have been affected and explore what they feel might help them to move forward. The practitioner then works closely with both parties to identify whether a positive outcome can be achieved. The majority of youth justice cases involve some form of restorative communication between young people and the person/s harmed by their behaviour, either indirectly through letters or messages, or directly through face-to-face meetings. Many young people also undertake some form of practical work either at the request of their victim or to benefit their community.
Restorative justice is an important process for young people, victims of youth crime and the community. Restorative justice can be transformative and healing for all parties, leading to high levels of satisfaction across the board.
Oxfordshire Youth Justice Service was awarded the Restorative Justice Council's Restorative Service Quality Mark (RSQM) in 2014 and 2017 and is a registered service provider on the Restorative Justice Council directory.
Quotes from service users
"It has restored my faith in the justice system. I could tell the young person has learnt from his mistakes and agreed to do the reparation work I suggested. This is a positive outcome."
"We simply wouldn't have coped as well as we did if it hadn't been for the kind and supportive team who were always there to help and guide us during this difficult time."
Reparation and unpaid work
Where possible, young people are supported to complete direct reparative work, such as repairing property damage or raising money for a cause meaningful to the victim(s). In cases where this is not possible or appropriate, the YJES uses a range of community placements through which young people can participate in meaningful tasks that give back to their local community.
One of our young people recently made a beautiful bench that now sits in the garden at Headway in Oxford, and another completed a 20km sponsored walk to raise money for Macmillan Cancer Support. Placements include:
- Headway (national charity for people with acquired brain injuries)
- Bicester Green (bike and furniture repair, skills and sustainability project)
- Helen and Douglas House (charity shop)
- Island Farm Donkey Sanctuary, Cutteslowe Park (horticulture)
- Raw Workshop (wood-work at reclaimed woodshop)