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Why is a young person sentenced to custody?

If you’re under 18 and found guilty of a crime, you could be given a sentence that means you are locked up - a ‘custodial’ sentence. The court can give you this kind of sentence if:

• your crime is so serious there is no other suitable option
• you have committed crimes before
• the judge or magistrate thinks you are a risk to the public

The different types of custodial sentences are listed in the sections below.

If you are found guilty of a less serious crime, or your first crime, you may get a community sentence.

To find out more follow the link ‘Community sentences for young people’ below.

• Community sentences for young people

• How sentences for young people are decided

• Young people and custody

Detention and Training Order (DTO)

You can be given a Detention and Training Order (DTO) if you are between 12 and 17 years old. The length of the sentence can be between four months and two years.

If you are given a DTO you will serve the sentence in two parts:

• the first half of the sentence is served in custody
• the second half is served in the community

So for example, if you are given a DTO for one year you will:

• spend six months in custody
• then spend six months under supervision in the community

What will happen during your sentence

You will be given a detailed plan about what will happen during your sentence, and what you will have to do. This is called a Training and Supervision Plan.

During your time in custody, you will complete training or education courses to improve your skills. You could also have to complete programmes that help to improve your behaviour. To find out more, follow the link ‘Young people and custody’ below.

During the community part of the sentence, you will be supervised by the local youth offending team. To find out what being supervised means, follow the link ‘Young people: what happens when serving a community sentence’ below.

• Young people: what happens when serving a community sentence

• Youth offending teams: what they are

• Young people and custody

• How young people can get advice and support when in custody

Sentences for the most serious crimes

There are some sentences that you can get for the most serious crimes like murder or rape. They can only be given by the Crown Court.

Sentences for murder

If you are found guilty of murder, you will be given a ‘Section 90’ sentence.

The court sets the minimum amount of time you will spend in custody, and you won’t be allowed to apply for parole before this time.

The Parole Board will only allow you to be released when they think there isn’t a big risk that you will commit another crime.

When you are released, you will be kept under supervision for the rest of your life.

Sentences for other serious crimes

If you are found guilty of a serious crime that isn’t murder you could get a ‘Section 91’ sentence.

If the court gives you this sentence you will spend all of it in custody.

The court decides how long the sentence will be. This could be anywhere up to the adult maximum for the same offence. This means that if an adult can get five years for the same crime, the court can’t sentence you for longer than five years.

However, sometimes the length of the sentence could be for life.

Sentences for violent or sexual crimes

For severe crimes - usually violent or sexual - you can also be given a ‘Section 226 or ‘Section 228’ sentence. You can also get these sentences if the court decides there is a need to protect the public.

These are what are known as ‘extended sentences’ and could mean you spend a long time in custody.

Even when you are released, you will be put under close supervision for a long time.

• Young people and custody

• Young people: going to court after being charged with a crime

• How Parole Board hearings work (crime and justice section)

Help and advice contacts

You can get free and confidential advice about sentencing and custody from the organisations listed below.

• Prison Reform Trust Opens new window

• Howard League for Penal Reform Opens new window

• The Children's Society Opens new window