Sentencing

Judges and magistrates should consider the level of developmental maturity of young adults in their decision-making. Sentencers need training to understand how lack of maturity impacts on a defendant’s decision-making. Sentencers should be aware of and use mitigating factor as set out by the Sentencing Council “age and/or lack of maturity” when making sentencing decisions.

T2A recommends that the probation services completes pre-sentence reports on all young adults. These should include an assessment of their maturity. Pre-sentence reports should clearly recommend an effective age-appropriate sentencing response to the court.

Age-appropriate treatment in court is important, if young adults understand why a decision is being made, and what to expect, and feel listened to and respected, even when decisions go against them, they are more likely to comply with and make the best of sentencing outcomes. T2A has funded research into what a tailored approach to young adults might look like in courts and would like to see the piloting of dedicated young adult problem solving courts.