Sentencing options

Sentencing options 

The court has a range of sentencing options for juvenile offenders. The option chosen will depend on factors such as the offender’s age, the seriousness of the offence, previous offending history, and what the court considers necessary for rehabilitation and public protection. The court may employ any of the following manners, or a combination thereof, provided they are not legally conflicting. 

(i) Dismissal of charge 

The court may dismiss the charge entirely. If this happens, no criminal conviction is recorded against the juvenile offender. 

(ii) Discharge after admonition 

The court may discharge the juvenile offender after a due admonition. If this happens, a criminal conviction is recorded against the juvenile offender. This power can be used in addition to or in lieu of other punishments. 

(iii) Discharge on recognisance 

The court may discharge the juvenile offender on condition that he enters into a recognisance of not more than $2,000, which is a formal promise to be of good behaviour and to return to court for sentencing if required during a set period of up to 3 years. Unlike a dismissal, this option involves a formal conviction being recorded. 

(iv) Probation orders 

A probation order is a common rehabilitative sentence. It usually lasts for 1 to 3 years and requires the juvenile offender to be supervised by a probation officer. The court may attach conditions to the order, such as where the juvenile offender must live. 

(v) Delivery to parents or guardians 

The court may deliver the juvenile offender to a parent or guardian on the condition that the parent or guardian executes a bond, with or without sureties, promising to take responsibility for the juvenile’s good behaviour and proper education for up to 12 months. This power can be used in addition to or in lieu of other punishments. For more information, please refer to “Orders against parents or guardians”. 

(vi) Care and protection orders 

If a juvenile is found to be in need of care or protection (e.g. beyond parental control or neglected), the court can appoint the Director of Social Welfare as a legal guardian or place the juvenile under the supervision of a court-appointed person for up to 3 years. 

(vii) Community service orders 

A community service order may be made for offenders aged 14 or above. The court may order the juvenile offender to complete up to 240 hours of unpaid community work within 12 months. The court must be satisfied through a suitability report that the offender is a fit candidate, and the offender must consent to the order. 

Community service is intended to be an alternative to custody. It combines punishment, through the loss of free time, with rehabilitation, through structured work and personal development. 

(viii) Reformatory school 

A reformatory school order may be made for juvenile offenders aged from 10 to 15. It involves detention for a period of 1 to 3 years. 

The only current reformatory school is the Tuen Mun Children and Juvenile Home, which is for males. For females, the court may instead use a probation order with a residential condition. 

(ix) Training centre 

A training centre order may be made for offenders aged from 14 to 20. It involves detention and training for a period of 6 months to 3 years. 

This option is generally used where the court considers that structured rehabilitation and training are more appropriate than a purely punitive sentence. 

(x) Rehabilitation centre 

Rehabilitation centres provide short-term detention for offenders aged 14 to 20 who do not have a heavy criminal record. The term is 3 to 9 months, determined by the inmate’s progress. It consists of an initial period of discipline-focused detention followed by a period of residence in a halfway house with day-release for work or study. 

(xi) Detention centre 

A detention centre order is available for male offenders aged 14 to 24. It involves a short period of detention, lasting between 1 and 6 months for those aged under 21. 

The purpose is to provide a “short, sharp shock” through strict discipline and hard physical work, with the aim of deterring further offending. 

(xii) Drug Addiction Treatment Centre (DATC) 

If a juvenile is addicted to drugs and is found guilty of an offence punishable by imprisonment, the court may order his detention in a DATC for cure and rehabilitation in lieu of any other sentence. The detention period ranges from 2 to 12 months, determined by the Commissioner of Correctional Services based on the inmate’s progress. Following release, the individual is subject to 12 months of compulsory supervision. 

No criminal conviction is recorded for a DATC order unless the court specifically decides that the circumstances of the offence warrant such an entry. 

(xiii) Hospital orders 

The Juvenile Court may issue a hospital order if it is satisfied by the evidence of two registered medical practitioners that the offender is suffering from a mental disorder that warrants detention for treatment. These orders mandate detention in mental hospitals. For children under 14, specific mental hospital placement is required. Those aged 14 and older may be admitted either to a specified mental hospital or to the Correctional Services Department Psychiatric Centre. A hospital order acts in lieu of imprisonment or fines. The specified period of detention must not exceed the maximum sentence the court could have otherwise imposed for the offence. Parents or guardians may appeal these orders. 

(xiv) Financial penalties 

The court may order the offender to pay fines, damages, or costs. Compensation for injury or loss is capped at $5,000. These financial penalties are governed by strict rules of parental accountability. For more information, please refer to “Orders against parents or guardians”. 

(xv) Detention orders 

The court may order a juvenile to be detained in a “place of detention” (currently the Tuen Mun Children and Juvenile Home) for a period to be determined by the Director of Social Welfare, but not exceeding 6 months. 

If a child is convicted of manslaughter, or a young person of attempted murder, manslaughter, or wounding with intent to do grievous bodily harm, the court can order detention in a place and under conditions directed by the Chief Executive for a period specified in the order. This detention is served in legal custody and may include a prison. 

(xvi) Imprisonment and suspended sentence 

The court must not impose an imprisonment sentence or a suspended sentence on a child. The only exception is murder, for which a child under 18 may be sentenced to imprisonment at the court’s discretion. A child also cannot be committed to prison for failing to pay a fine, damages or costs. 

For a young person, imprisonment should be used only as a last resort. The court may sentence the young person to imprisonment, or impose a suspended sentence for a term of imprisonment of less than 2 years, only if it is satisfied that no other form of sentence would be appropriate. The operational period of suspension is between 1 and 3 years. However, a suspended sentence is rarely used because the Juvenile Court emphasizes active rehabilitation and reform over leaving an offender to his own devices. 

A suspended sentence is not available if the young person has been convicted of an “excepted offence” under Schedule 3 of the Criminal Procedure Ordinance (Cap. 221). Examples of excepted offences include manslaughter, rape, robbery, and certain serious drug or firearm offences. 

A permanent magistrate can impose up to 2 years’ imprisonment for a single offence. If he imposes multiple terms to run consecutively, the aggregate total must not exceed 3 years.