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Sentencing question for cod or any other legal bods.......

64 replies

yorkshireWenceslass · 21/12/2006 14:35

A fifteen year old girl with a previous record of being arrested for various 'small' crimes including shoplifting and drunk & disorderly is caught on CCTV setting fire to a wheely bin full of rubbish and wheeling it up against the back door of a large high street store. The subsequent fire caused approx £250,000 of damage (also loss of takings in the week before Christmas as the shop could not re-open). Very luckily no-one was hurt as it was in the middle of the night.
Hypothetically what would happen to this girl?

OP posts:
charliecat · 21/12/2006 14:37

Hypothetically why was the 15 year old doing out in the middle of the night setting wheely bins on fire for?

yorkshireWenceslass · 21/12/2006 14:49

Oh it's a loooong story that no-one would have read it I typed it all! She is in a children's home and constantly running away and staying out all night. Just wondering what the sentence is for something like that, would it be arson or criminal damage, and at 15 are you treated as an adult in a case like this?

OP posts:
charliecat · 21/12/2006 14:51

Oh ok No idea...but thats a shed load of damage isnt it

TrueToForm · 21/12/2006 14:54

no idea but read that Cod has left (hope not though)

bump for the other legal types..

Tortington · 21/12/2006 14:55

not a lot i reckon. it would probably go to court maybe some kind of order put in place.

busybusymum · 21/12/2006 14:55

cod's left

FestiveFrex · 21/12/2006 14:58

She would be treated as a minor at age 15. 17 and above are treated as adults IIRC.

Presumably social services are involved, so hopefully the poor girl will get some sort of help as she is clearly unhappy.

Tortington · 21/12/2006 15:01

they can't imprison a minor - they can go to juvey but i think its usually after a few serious offenses.

her parents cant be held liable as she is in care
her mothers tenancy can't be threatened as shes not with her mother.

the options are limited

some kind of asbo with an order or restriction on where this girl can go
maybe a cerfew

mummydear · 21/12/2006 15:03

Criminal damage by fire is Arson, there is also arson with intent to endanger life/recklessness.

Do you know what the gril has been chrged with ?

Both carrying a maxiumn life sentence.

As a youth offender the gravity of this offence is high, whether arson or arson with itent/reckless.

She would not be dealt with like an adult as ther are so many other factors to bare in mind and a youth offedning team would be looking at her case.

It might be that she ends up in a Secure Accomodation Unit. Usually the courts do not like to see young adults being given custoidal sentences.

yorkshireWenceslass · 21/12/2006 15:19

OMG didn't know cod had left
Thanks for your replies. Social services are involved as she is in voluntary care after a failed adoption due to her horrific behaviour and lack of support from social services (don't get me started!). She has severe behavioural problems mostly stemming from attachment disorder.
She has been arrested but not yet charged AFAIK.

OP posts:
Callmemadam · 21/12/2006 23:02

Custardo, am another magistrate on here - and do Youth courts as well as Adult. Sadly youngsters can receive custodial sentences - known as detention and training orders - if the offence is serious enough, even if it is a first time offence. Given the amount and value of damage and the fact that there is evidence showing the deliberate starting of a fire I would suggest that the charge may well be one of arson, which is a very serious offence indeed. 'Secure accomodation' is used for remands only: potentially she could receive a DTO in a secure unit designated for that purpose. A lot depends on whether or not she pleads guilty, what previous sentence if any she has received, and what any assessment of her psychological state is.

controlfreakyturkeyandstuffing · 21/12/2006 23:05

who says cod has left? and why???

MerryPiffmas · 21/12/2006 23:07

cod has left ??????????

MulledWino · 21/12/2006 23:08

"Cod's left"! What is all this left business?? You don't have to submit a letter of resignation so as not to post on MN for a while.. you just don't! What's so ing about it??? She'll come back when she can be arsed.

controlfreakyturkeyandstuffing · 21/12/2006 23:09

exactly

MerryPiffmas · 21/12/2006 23:10

Because I f**king feel like saying I'm shocked. I like Cod and had no inkling she'd left mn
do I need your permission to be shocked or something
Jaysus

MerryPiffmas · 21/12/2006 23:10

massive apologies to OP for thread crash brw

MulledWino · 21/12/2006 23:12

DON't fcking swear at me! No you DON'T need me fcking permission to do anything.. but you could try reserving your for something more genuinely shocking, or, should you happen across something you'll be sure to drop down dead from the pure shockingness of it!

Sheesh

MulledWino · 21/12/2006 23:13

Yeah likewise to Yorkie

MerryPiffmas · 21/12/2006 23:14

touche
I can swear as and when I feel like it actually.
Or do you own the site perhaps and are making new rules?
Nor can you tell me what to find shocking.
Wind your neck in FHS

MulledWino · 21/12/2006 23:16

Like 'Touche Turtle' you mean?? (Re "winding neck in") PMSL.

Oh how I LURRRVE posting under a different name. So liberating.

Touche Awaaaaaayyyyy

controlfreakyturkeyandstuffing · 21/12/2006 23:26

calm down ladies, calm down....

MulledWino · 21/12/2006 23:33

I'm positively tranquil! [frgin] Pissed as fuck mind...

controlfreakyturkeyandstuffing · 21/12/2006 23:36

realy?

MulledWino · 21/12/2006 23:40

Yep to be sure... but STILL aware there are two Ls in REALLY!

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