The Sentencing Academy explore how the sentencing process could be improved to ensure that a young adult’s level of maturity is given greater consideration.

Sentencing is a pivotal point in a young adult’s journey through the criminal justice system. An immediate or even suspended prison sentence can have very adverse effects on a young adult’s personal and professional development. Accordingly, a court should make a special effort to consider the circumstances and maturity of young adults. In recent years there has been greater acknowledgement of young adults as a distinct group when it comes to sentencing.

It has long been recognised that the age of 18 is not a ‘cliff age’ for the purposes of sentencing and that issues of youth and maturity remain relevant even after someone has entered adulthood. The Sentencing Council for England and Wales have even elaborated on the issue in their offence-specific guidelines as part of an expanded explanation for ‘Age and/or lack of maturity’ as a mitigating factor.

So, what would the Sentencing Academy like to see in the coming years? Whilst the Sentencing Council’s guidance is a welcome development, more could be done to alert sentencers to the fact that young adults are a distinct cohort. Specifically, the creation of a standalone guideline on sentencing young adults that sentencers would be required to consult, would be a positive move.

Progress on this has been made north of the border where the Scottish Sentencing Council’s guideline for ‘Sentencing young people’ applies to all those who are under the age of 25 at the time of the conviction. At present, the Sentencing Council’s corresponding guideline applies only to those under the age of 18 at the date of conviction. The creation of a ‘Sentencing young adults’ guideline would also allow for a wider range of stakeholders to contribute to the principles contained in the guideline during the Sentencing Council’s consultation process.

For the next stage in the evolution of the approach to sentencing young adults, we would like to see a greater focus on what may be effective in reducing the prospects of re-offending. There is scope for the development of different sentences for this cohort that more clearly differentiate young adults from older adults. In particular, we would like to see more innovative alternatives to short custodial sentences. We would also hope to see the resurrection of the presumption against prison sentences of 12 months or less, which was abandoned when the General Election was called. In 2023, almost 6,000 custodial sentences of this duration were imposed on people under the age of 25.

A greater use of deferred sentencing for young adults may divert more people from a potentially damaging custodial sentence. This enables a court, which would otherwise impose an immediate custodial sentence, to defer sentencing for up to six months. If the deferment period and any conditions are successfully completed, an alternative sentence such as a community order or suspended sentence order can be imposed. We welcome the Sentencing Council’s proposed new guidance that deferred sentencing may be particularly appropriate for young adults or those who are in transitional life circumstances and hope this option is utilised more frequently.

Finally, both the reasons for the sentence imposed, and the effect of the sentence itself, need to be expressed in a manner that is understandable to the young adult being sentenced. Refining sentence terminology and considering how sentencing is explained would be helpful in this regard.

A sentencing hearing should allow for a deliberative process that considers what may help rather than hinder a young adult’s development. We hope this approach may more clearly underpin the sentencing of young adults in the coming years to help facilitate a positive turning point in a young person’s life.

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