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Please note before delivering this presentation


Title: Scaled Approach and the CJ&I Act 2008: Panel Members Briefing Subject: Presentation Keywords: Criminal Justice and Immigration Act 2008, implementation ... – PowerPoint PPT presentation

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Title: Please note before delivering this presentation

Please note before delivering this presentation
  • This slide pack can be adapted for local use by
    YOTs to meet local conditions and the local
  • It is recommended that you develop some local
    case studies and training materials to illustrate
    what impact the changes might have. Pilot YOTs
    and pilot YOT youth offender panel members
    strongly recommended simulation and Asset
    scoring exercises as helping panel members to
    understand the Scaled Approach intervention level
  • The Criminal Justice Immigration Act contains
    some significant revisions to the conditions
    under which Referral Orders can be imposed.
    Panel members will have questions about these
    changes and the implications for their role.
    Therefore you should read through this
    presentation thoroughly before using it.
  • Important information to assist you in delivering
    the presentation is contained in the notes pane
    accompanying each slide. Please ensure, these are
    read prior to using this presentation.

Referral Orders and the Scaled
Approach Implementation date 30 November
2009 Panel members briefing
  • Insert date

Agenda (adapt for local use)
  • The Criminal Justice and Immigration Act 2008
  • Key changes
  • Purposes of sentencing
  • Changes to Referral Orders
  • Scaled Approach
  • What is it?
  • Why develop it?
  • How was it developed?
  • What are its key principles?
  • Implications for panel members
  • Is there a change in my role?
  • How does it work in practice?
  • Where can I learn more?

  • Criminal Justice and Immigration Act

Criminal Justice and Immigration Act 2008
  • Key changes
  • Purposes of sentencing
  • Youth Rehabilitation Order (YRO)
  • Changes to Referral Orders
  • Youth Conditional Caution
  • Custody-related changes
  • Anti-social behaviour, Youth Default Orders,
    Rehabilitation of Offenders

Purposes of sentencing
  • When sentencing a young offender the court must
    have regard to
  • the principal aim of the youth justice system (to
    prevent offending and reoffending)
  • the welfare of the offender
  • the purposes of sentencing, which are
  • punishment
  • reform and rehabilitation
  • protection of the public
  • reparation to persons affected by offences
  • Criminal Justice Act 2003 restriction of liberty
    must be proportionate to seriousness of offence
    still applies

The Scaled Approach
Referral Order changes in the Criminal Justice
Immigration Act
  • From April 2009, Courts can make Referral Orders
  • 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
  • Also includes where a previous custodial sentence
    has been given
  • And court discretion
  • Discharge Referral Orders early for good
  • extend up to three months at YOT recommendation
    e.g. non-compliance

  • The Scaled Approach

The Scaled Approach what is it?
  • The Scaled Approach is a new way to match the
    intensity of YOTs work with children and young
    people who offend to their assessed likelihood of
    reoffending and their risk of serious harm to
  • The model, which was developed in partnership
    with YOTs, provides greater information from
    which the judiciary can make decisions about a
    young persons sentence
  • It affects
  • how YOTs plan interventions with young people
  • format and content of YOT reports to courts and
    youth offender panels
  • It is used when a young person is on a Referral
    Order Contract, a YRO or during the community
    element of a custodial sentence
  • The Scaled Approach has been designed to support
    the new YRO sentencing structure to be brought in
    by the Government in November 2009

The Scaled Approach why develop it?
  • Clear recommendation from Audit Commission (2004)
  • Significant evidence base (reflected in the Key
    Elements of Effective Practice)
  • An existing tiered framework of interventions in
    the adult sector
  • A risk-based approach was already existing
    practice in number of YOTs
  • A scaled approach was supported by evidence from
    the risk-based pilots (in four YOTs)

The Scaled Approach how was it developed?
  • Used all available evidence

Piloted and evaluated risk based approaches with
four YOTs
Consulted widely with key people to ensure any
concerns were addressed
Developed three intervention level bandings
Obtained legal advice from the Ministry of Justice
Developed and published the draft model in
February 2009
The Scaled Approach key principles
  • Assessment determines frequency of YOT contact
    and type of intervention (but quality is
    paramount as reflected in Key Elements of
    Effective Practice)
  • Focus on
  • Assessed likelihood of reoffending
  • Risk of serious harm to others
  • Consider the impact on the victim
  • Interventions designed to
  • reduce the likelihood of reoffending
  • reduce the risk of serious harm to others
  • support the new sentencing framework
  • Intervention tailored to individual risk and need

The Scaled Approach a summary
  • The Scaled Approach is used by the YOT to
  • the level of intervention (either standard,
  • 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

  • How will my role change?
  • What does this mean for panel members?

Messages from panel members in pilot YOTS
You do not lose your autonomy or ability to
think laterally
you can insert additional areas of intervention
as deemed appropriate
the risk-based approach promotes consistency
for panel members
  • Quality of reports to the panel improved
    immensely as a consequence of the risk-based
  • The risk-based approach provides consistency and
    clarity and moves away from individual YOT
    officer idiosyncrasy
  • It enabled a more uniform approach for panel
    members, provided a clearer way of working
  • Improves practice because it helps focus on
    decision making and contract consistency

Some questions raised by the pilots
Question Response
How can the panel reconcile risk and proportionality? Proportionality is a matter the court in setting the length of the referral order Assessments of risk and need are critical to determining the types of interventions which YOT staff will propose to you in Referral Order reports
What if the panel feels the young persons welfare needs require more support than will be offered by statutory appointments alone? It is important that welfare needs do not result in statutory appointments (for which young people can be breached) Where welfare needs are identified, Referral Order reports will outline plans for addressing them on a voluntary basis (i.e. in order that they do not form part of the statutory contacts)
The Scaled Approach how does it work in practice
Court imposes Referral order
YOT undertakes assessment
Populate Asset (and ROSH if applicable)
Recommend possible contract items
YOT undertakes a full assessment
Panel defines contract
Gather info from range of sources
Determine Scaled Approach intervention level
Prepare Referral Order report based on all
available info
Apply professional judgement if applicable and
seek managerial sign off
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) AND Low risk of serious harm (as indicated by no risk of serious harm assessment being required, or low risk of serious harm assessment) Standard
Medium likelihood of reoffending (as indicated by Asset score dynamic and static factors between 15 and 32 inclusive) OR Medium risk of serious harm (as indicated by risk of serious harm assessment) Enhanced
High likelihood of reoffending (as indicated by Asset score dynamic and static factors between 33 and 64 inclusive) OR High and Very high risk of serious harm (as indicated by risk of serious harm assessment) Intensive
The level of statutory contacts for assessed
intervention level
Intervention Level (Likelihood of reoffending score) Contacts per month for first 3 months Contacts per month for rest of order
Standard (0 14 inclusive) 2 1
Enhanced (15 32 inclusive) 4 2
Intensive (33 64 inclusive) 12 4
Benefits of the Scaled Approach
More efficient and effective allocation of YOT
Fewer young people in custody
Strengthened case management across the youth
justice system
Improved practice in assessment quality,
pre-sentence reports and intervention planning
Tailored interventions based on the young
persons risks and needs
Reduced reoffending
Reduced risk of serious harm to others
Increased public confidence
So when will it all happen?
Go live date 30 November 2009
  • Workgroups

For more information about the Scaled Approach
and the YRO
  • Please speak to your local Referral Order
  • Please access the YJB website at
  • To view the Referral Order guidance and other
    materials please access the Ministry of Justice
    website at http//
  • The guidance document is available at