Transitional arrangements

Following the implementation of the Youth Rehabilitation Order (YRO) there will be a period of time where the old and new sentencing frameworks will need to be managed concurrently.

The following principles will apply during this transitional period:

• For offences committed and sentences passed before the implementation of the YRO a young person will be sentenced to orders made under the Powers of Criminal Courts Act 2000 (e.g. Supervision Order). Their order will be managed according to 2004 National Standards for Youth Justice Services. The Scaled Approach will not apply in these cases.
• For offences committed before the implementation of the YRO but sentenced post-implementation a young person will be sentenced to orders made under the Powers of Criminal Courts Act 2000 (e.g. supervision order). The (2009) National Standards for Youth Justice Services applies from 30 November. The Scaled Approach may be used to determine the level of supervision but YOTs will have to ensure that the restrictions on an offender's liberty for a person sentenced to an old order post 30 November are no more than would have been the case prior to that date, bearing in mind that the National Standards 2004 set minimum contact requirements.
• The exception to this is for curfews subject to electronic monitoring. Enforcement of curfews has been brought in line with the new National Standards for all requirements of the YRO. Therefore, two warnings for less serious violations should now normally be given prior to breach action being commenced in the courts. Young people can still be breached immediately following a more serious violation e.g. strap cutting or being out for a full curfew. The new Standards will apply to any curfew given for offences committed prior to 30 November and sentenced under old legislation.

Further information can be found on www.yjb.gov.uk in the sections on the Scaled Approach and the YRO. There is a useful 'Frequently Asked Questions' page for the Scaled Approach.