Glossary
This is a list of legal phrases or terms used that may be included on a CRB certificate and CRB checking service.
A B C D E F G H I J L M N O P Q R S T U V W Y
A
Abscond
To secretly seek to evade legal proceedings or the jurisdiction of a court usually by leaving the country
Absolute Discharge
An absolute discharge (which is not to be confused with a finding of not guilty) is used where the court, having found the offender guilty of the offence charged, considers that no further action is required on its part beyond the finding of guilt. This may reflect the triviality of the offence, circumstances in which it came to be prosecuted, or factors relating to the offender.
Accused
The person charged. The person who has allegedly committed the offence.
Acquittal
Discharge of defendant following verdict or direction of not guilty
Additional Information
Enhanced CRB checks may contain ‘additional’ information. Occasionally the Chief Police Officer may, if thought necessary in the interests of the prevention or detection of crime, release ‘additional’ information to the Countersignatory only, in the form of a separate letter, which should not be revealed to the applicant.
Adoption
An act by which the rights and duties of the natural parents of a child are extinguished and equivalent rights and duties become vested in the adopter or adopters, to whom the child then stands in all respects as if born to them.
Adult
Someone who is treated by the law as no longer being a minor, having attained the age of 18 in England and Wales or 16 in Scotland
Apex Trust
The Apex Trust helps people with criminal records to obtain appropriate jobs or self-employment by providing them with the skills they need in the labour market and by working with employers to break down the barriers to their employment.
Appeal
Application to a higher Court or authority for review of a decision of a lower Court or authority
Appearance
The attendance by a party to legal proceedings in court either personally or by a legal representative.
Application Fee
The cost of a CRB check
Application Reference Number
The specific reference number allocated to each CRB check application by the CRB.
Approved Information
Enhanced checks may contain ‘approved’ information. This is non-conviction information provided by the police from their local records. The Chief Police Officer in each force will decide what, if any, information to provide. The CRB will print this information on both the applicant’s and the Countersignatory’s copy.
Arrestable Offence
An arrestable offence is one for which the penalty on first conviction can be at least five years imprisonment or for which the penalty is fixed by statute. In addition some offences have been declared arrestable by parliament. These include taking a vehicle without authority or driving with excess alcohol
Assault
An unlawful attack on someone by words or deeds. Physical contact is not essential
B
Bail
Release of a defendant from custody, unril his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions.
Battery
The deliberate use of unlawful force on somebody, ranging from touching them to the use of physical violence.
Bind over for sentence
An order which requires the defendant to return to Court on an unspecified date for sentence. Failure to observe this order may result in a forfeit or penalty being enforced
Breach
Person failing to fulfil the requirements of either a court order or the conditions of a post-release licence.
C
Care Order
The Care Order is available both in care proceedings in the juvenile court and in criminal proceedings if a juvenile is prosecuted and found guilty of an offence punishable in the case of an adult with imprisonment. It commits the offender to the care of the local authority who decides on the placement in a residential centre, community home, voluntary home or boarding with foster parents
Category A, B or C Conviction
See Conviction below.
Caution
A caution is a formal warning about future conduct given by a senior police officer, usually in a police station, after a person has committed an offence. It is used as an alternative to a charge and possible prosecution.
Caution (Legal)
A caution can be given when there is sufficient evidence for a conviction and it is not considered to be in the public interest to institute criminal proceeds. For a caution to be issued there must be evidence of the offender’s guilt sufficient to give a realistic prospect of conviction; the offender must admit the offence; and the offender must understand the significance of a caution and give informed consent to being cautioned
Simple Caution - A simple caution should only be given if the public interest justifies it and in accordance with Home Office guidelines. Where it is felt that such a caution is appropriate, Crown Prosecutors must inform the police so they can caution the suspect. If the caution is not administered, because the suspect refuses to accept it, a Crown Prosecutor may review the case again.
Conditional Caution - Conditional Cautions are a new disposal introduced in the Criminal Justice Act 2003. A Conditional Caution may be appropriate where a Crown Prosecutor considers that while the public interest justifies a prosecution, the interests of the suspect, victim and community may be better served by the suspect complying with suitable conditions aimed at rehabilitation or reparation. These may include restorative processes
Charge
A formal accusation against a person that a criminal offence has been committed
Committal
Children
The Criminal Justice Court Service Act (CJCSA) defines a child as someone who is under 18 (under 16 if the child is employed).
Committal
i) Committal for trial: following examination by the Magistrates of a case involving and indictable or either way offence, the procedure of directing the case to the Crown Court to be dealt with
ii) Committal for sentence: Where the Magistrates consider that the offence justifies a sentence greater than they are empowered to impose they may commit the defendant to the Crown Court for sentence to be passed by a judge
iii) Committal Order: An order of the Court committing someone to prison Community Punishment Orders (CPO) Community Punishment Orders are a community sentence for offenders aged 16 years+, who have committed an offence punishable by imprisonment. The Order requires offenders to perform unpaid work in the community, from a minimum of 40hours to a maximum of 240.
Community Punishment and Rehabilitation Orders (CPRO)
Community Punishment and Rehabilitation Orders are similar to CPOs. Offenders perform unpaid work in the community, from a minimum of 40hours to a maximum of 100, under the supervisions of a probation officer for between 12 months and three years.
Community Rehabilitation Orders (CRO)
Community Rehabilitation Orders are a community sentence for offenders aged 16 years+ with a pattern of offending which could be dealt with by being in regular contact with the Probation Service. Orders range from six months to three years. Offenders attend regular meetings with a probation officer, initially once a week, tapering off towards the end of the order if progress is adequate.
Community Service Order
The Community Service Order was introduced with the primary purpose of providing a constructive alternative for those offenders who would otherwise have received a short custodial sentence. The effect of the order is intended as a penal sanction that makes serious demands on the offender, working for the benefit of the community, as a viable alternative to a custodial sentence. Work for offenders is found with local voluntary or public bodies or on projects directly organised by the Probation Service.
Compensation Order
The courts may, in addition to dealing with the offender in any other way, order him to pay compensation for any personal injury, loss or damage resulting from the offence or from any other offence which is taken into account. The compensation order may be combined with any other sentence or order (such as probation, conditional discharge and absolute discharge). The court may order compensation in any case where it appears appropriate, whether or not the victim has made an application.
Concurrent Sentence
A direction by a Court that a number of sentences of imprisonment should run at the same time
Conditional Discharge
A discharge of a convicted defendant without sentence on condition that he/she does not re-offend within a specified period of time
Consecutive Sentence
An order for a subsequent sentence of imprisonment to commence as soon as a previous sentence expires. Can apply to more than two sentences
Contempt of Court
Disobedience or wilful disregard to the judicial process, or conduct that interferes or prejudices the administration of justice.
Conviction
A conviction is each finding of guilt for every (notifiable) offence considered by a criminal court for each convicted person. A finding of guilt would include a plea of guilty.
Convictions are classified by their severity into Category A, B or C. This categorisation will decide the retention policy for such conviction details. Annexe A identifies a selection of more common convictions in categories A and B, further information can be found on the ACPO website which includes full lists of all convictions
Count
An individual offence set out in an indictment
Countersignatory
A person within a Registered Body who is registered with the CRB to countersign applications and receive the CRB certificate.
Countersignatory reference number
The specific reference number allocated to each individual Countersignatory by the CRB.
Criminal
Person who has been found guilty of a criminal offence
CRB Certificate
The document issued following an application for a CRB check which contains the personal information provided by the applicant and the result of the checks undertaken against the relevant data sources
CRB News
The monthly customer newsletter produced by the CRB.
Criminal Justice and Court Services Act 2000 (CJCSA)
The child protection provisions in Part II of the CJCSA 2000 are part of an integrated system for the protection of children.
Criminal Record
A record of convictions held on the Police National Computer (PNC) for individuals convicted of crimes. The police records are those held on PNC that contains details of Convictions, Cautions, Reprimands and Warnings in England and Wales, and most of the relevant convictions in Scotland and Northern Ireland may also be included. The CRB reserves the right to add new data sources.
D
Damages
An amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract.
Defendant
Person standing trial or appearing for sentence
Department For Education (DFE)
Government department responsible for improving the focus on all aspects of policy affecting children and young people, as part of the governments aim to deliver educational excellence (formerly the Department for Children School and Families. DCSF).
Department of Health (DH)
Government department responsible for protecting and improving the nation's health and ensuring that our health and social services are high quality, fast, fair and convenient.
Deposition
A statement of evidence written down and sworn on oath, or by affirmation
Direction
Court Order laying down procedural steps to be taken
Disability
The inability of a person to handle their own affairs (e.g. through mental illness or a minor under 18 years of age) which prevents involvement in civil legal proceedings without representation
Disclosure Information Pack
The guidance pack was issued to all Countersignatories upon registration with the CRB. This is no longer used as a point of reference
Disclosure Scotland
This is the equivalent of the Criminal Records Bureau but for Scotland.
Discontinuance
Notice given by the Court, on instruction by the claimant, that they no longer wish to proceed with the case
Dismissal
To make order or decision that a case be ceased
E
Enforced Subject Access
Under current legislation, individuals can exercise their right to apply for access to information held on them including criminal record information under the 'subject access' provisions of the Data Protection Act 1998. Currently, some employers seek to obtain this information about employees and potential employees by compelling them to exercise their rights under the Data Protection Act. This process is known as 'Enforced Subject Access' and is undesirable because details of all convictions are revealed. Most employers are not entitled to ask for this information under the Rehabilitation of Offenders Act (ROA) 1974.
Enhanced CRB Check
Also referred to as an Enhanced Disclosure. These are for posts that involve a far greater degree of contact with children or vulnerable adults. In general the type of work will involve regularly caring for, supervising, training or being in sole charge of such people. Examples include a Teacher, Scout or Guide leader. Enhanced checks are also issued for certain statutory purposes such as gaming and lottery licences.
This level of check involves an additional level of check to those carried out for the Standard CRB check - a check on local police records. Where local police records contain additional information that may be relevant to the post the applicant is being considered for, the Chief Officer of police may release information for inclusion in an Enhanced check. Exceptionally, and in a very small number of circumstances (typically to protect the integrity of current police investigations),additional information may be sent under separate cover to the Countersignatory and should not be revealed to the applicant.
Enhanced Check
See Enhanced CRB Check above.
Entry of Judgment
Decision of the Court in favour of one or other of the parties
Excepted Professions
Positions of trust set out in the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974, where an employer is entitled to ask a candidate to reveal details of all convictions, whether spent or not.
Exceptions Order
The Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974 sets out those occupations and positions exempt from the provisions of the ROA. These are generally positions of trust, where there is a valid need to see a person's full criminal history in order to assess their suitability for a position. This information is intended as general guidance only. It must not be regarded as a definitive interpretation of the Act. Anyone requesting further guidance should seek legal advice.
Exempted Question
An exempted question is a valid request for a person to reveal their full criminal history (including spent convictions) and is made possible by virtue of the Exceptions Order to the Rehabilitation of Offenders Act (ROA) 1974.
Ex-Offender
A person who has been convicted of a criminal offence and whose crime is now “spent” under the Rehabilitation of Offenders Act (ROA) 1974.
F
False Accounting
Providing dishonestly, information which is misleading or deceptive with a view to cause loss to another, or the destruction concealment or falsification of information relating to a financial account
Fast Track POCA
Important Notice: The Fast Track POCA service was withdrawn on the 1st October 2007.
This service was available to those customers within the NHS who were entitled to check the POCA list and who requested a POCA check on the Disclosure application form. It allowed those NHS customers to see the result of the POCA check as soon as possible and before the full Disclosure was received.
Fines
Every criminal offence, except murder, is punishable by a fine and for many of the less serious offences, a fine is the only penalty prescribed by law. Fines are by far the most frequently used power available to the Court. A fine is a principal not ancillary sentence and may not be used in conjunction with an order for absolute or conditional discharge, probation or Community Punishment Order. A Magistrates Court is required to take into account what it knows of an offender’s means in fixing the level of a fine. Where a juvenile offender is ordered to pay a fine, damages, compensation or costs the court may – and must if the offender is under the age of 14 – order the sum to be paid by the parent or guardian.
Fixed Penalty Notice (FPN)
FPNs, including the Penalty Notices for Disorder (PND) scheme, have been introduced as a means of dealing with low-level, anti-social and nuisance offending, which does not require a court hearing. Once a penalty notice has been issued, the recipient must either pay the amount shown on the notice or request a court hearing. This must be done within 21 days of the date of issue. Payment of the penalty by the recipient discharges their liability to conviction of the offence for which the notice is issued. Payment involves no admission of guilt and removes both the liability to conviction and a record of criminal conviction.
Formal warning for Possession of Cannabis
A formal (street) warning for the possession of cannabis.
Frequently
Frequently is currently defined as 'once a week' for most services, except for health and social care services which involves personal care when it is 'once a month or more'.
G
Guardian
A person appointed to safeguard/protect/manage the interests of a child or person under mental disability.
Guilty Plea
A case in which all defendants either plead guilty to all counts (or acceptable alternative counts) or plead guilty o some counts and not guilty to others and a jury is not sworn. The conviction, even where a defendant pleads guilty is not confirmed until sentence is set by the court.
H
Home-based
A Home-based role is where the prescribed purpose is carried out primarily at the applicant’s residential (home) address. The prescribed purpose is the position for which the Enhanced Disclosure is in relation to. Roles are not considered Home Based if the work is being carried out at the home of the individual being cared for.
The police will only consider an application for third party checks where it is deemed that the position applied for meets the criteria for a home based role dependent on a key word search from the position applied for field.
Hospital/Guardian Order
Hospital and Guardianship orders enable a juvenile court, where a juvenile is prosecuted and found guilty of an offence punishable in the case of an adult with imprisonment, to remand the offender in custody or on bail for medical examination and assessment under the Mental Health Act 1959
If a person, over 16, has a mental disorder, a court can appoint a Guardian for them under Section 37 of the Mental Health Act 1983. This can only happen be done if it necessary for the person’s welfare or for the protection of others. This arrangement is known as a Guardianship Order. The Guardian has powers and responsibilities to make decisions on behalf of and for the benefit of the person lacking mental capacity.
I
Imprisonment
The power of the Courts to pass sentences of imprisonment and the maximum for each offence is specified by law. Where an offence is dealt with by the Crown Court, the maximum term of imprisonment that may be imposed is, in nearly all cases, higher than that available to Magistrates’ Court.
Indictable Offence
Offences for which an adult defendant must be tried by the Crown Court, e.g. robbery, arson, and rape. The different types of offence are classified 1, 2, 3 or 4. Murder is a class 1 offence.
Infant
Also known as a minor: A person under 18 years of age in England and Wales or under 16 years of age in Scotland, which prevents them from acting on their own behalf in legal proceedings.
Information held under Section 142 of the Education Act 2002
This list was previously called ‘List 99’. This list was maintained by the Department for Children, Schools and Families (DCSF) and contains the details of teachers who are considered unsuitable or banned from working with children in education.
Injunction
An equitable remedy in the form of a court order compelling a party to do or refrain from doing a specified act
Intensively
When the work takes place on '4 days in one month or more'
Interim POCA Check
See Fast Track POCA.
J
Judgment
Final decision of a Court, a monetary judgment requires the payment of a sum of money by one party to another
Juvenile
Person under 17 years of age.
L
Lead Countersignatory
A senior figure within a Registered Body who has overall responsibility for the use of the CRB checks in their organisation.
Licence
If an offender is released from prison under licence, they are placed under the care of the Probation Service. Certain conditions are attached to the release. Breach of these conditions will result in the offender being returned to prison.
List 99
Is information held under Section 142 of the Education Act 2002, and includes the details of those individuals who are unsuitable or barred from working with children in education
Local Police Records
Police records, not held on the Police National Computer, containing non-conviction information.
M
Minor
Someone below 18 years of age in England and Wales or below 16 in Scotland, and unable to sue or be sued without representation, other than for wages.
Mitigation
Reasons submitted on behalf of a guilty party in order to excuse or partly excuse the offence committed in an attempt to minimise the sentence
N
Nacro
A crime reduction charity, making society safer by finding practical solutions to reducing crime. Since 1966 Nacro has worked to give ex-offenders, disadvantaged people, and deprived communities the help they need to build a better future.
O
Order
A direction by a Court.
Overnight
When the work takes place between 2-6 a.m.
P
Plea
A defendant's reply to a charge put to him by a court; i.e. guilty or not guilty
POA/Payment on Account
The facility for Registered Bodies to pay for their fees by monthly invoice.
PoCA List
Protection of Children Act List.
This was a list, managed by the Department for Children, Schools and Families (DCSF) on behalf of the Department of Health (DH), of people banned from working with children.
Please note from 12 October 2009 the POCA list has been replaced by the Childrens Barred List to reflect changes in legislation.
Police Act 1997
The piece of legislation that brought about the CRB; Part V of which refers specifically to the Disclosure process.
Police National Computer (PNC)
A national police database that contains information about criminal records i.e. convictions, cautions, reprimands, and warnings.
Portability
Portability refers to the re-use of a CRB check, obtained for a position in one organisation and later used for another position in another organisation.
The CRB advises that organisations considering accepting an existing CRB check to carry out a proper risk assessment and consider the guidance provided on this site due to the risks involved.
Positions of Trust
Roles that involve working with children and other vulnerable groups, that the CRB is dedicated to protecting.
POVA List/Protection of Vulnerable Adult List
This was a list, managed by the Department for Children, Schools and Families (DCSF) on behalf of the Department of Health (DH), of people banned from working with vulnerable adults.
Please note from 12 October 2009 the POVA list has been replaced by the Vulnerable Adults Barred List to reflect changes in legislation.
Power of Arrest
An order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order
Probation Order
Also called a Supervision Order. The aim of a probation order is to leave the offender at liberty in the community but subject to certain conditions regarding their way of life. The order requires the offender to be under the supervision of a probation officer for a specified period of not less than 6 months nor more than 3 years. The court has discretion to include any further requirements that it considers of the case to secure the good conduct of the offender or to prevent them from committing further offences.
Q
Quash
To annul; in other words, to declare no longer valid.
R
Recognisance
An undertaking before the Court by which a person agrees to comply with a certain condition, e.g. keep the peace/appear in court. A sum of money is normally pledged to ensure compliance
Registered Bodies
Organisations that have registered directly with the CRB to use its services.
Regularly
This term carries its ordinary meaning as used in common parlance. Regularly could be used to describe the duties that a person carries out everyday but not all day; every week but not on every day; every month but only once a month.
Regulated Activity
Regulated activity is defined as:
- activity involving contact with children or vulnerable adults and is of a specified nature (e.g. teaching, training, care, supervision, advice, medical treatment or in certain circumstances transport) on a frequent, intensive and/or overnight basis
- activity involving contact with children or vulnerable adults in a specified place (e.g. schools, care homes etc), frequently or intensively
- fostering and childcare
- certain specified positions of responsibility (e.g. school governor, director of children's services, director of adult social services, trustees of certain charities)
These positions are set out in the Safeguarding Vulnerable Groups Act 2006.
Rehabilitation of Offenders Act (ROA) 1974
The Rehabilitation of Offenders Act (ROA) 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'. A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention the conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings.
Rehabilitation Period
A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention the conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings.
Remand
To order an accused person to be kept in custody or placed on bail pending a further Court appearance.
Reprimand
A reprimand has replaced the caution for young people aged under 18. A young person given a second formal warning about future conduct is given a final warning.
S
Spent Conviction
The Rehabilitation of Offenders Act (ROA) 1974 sets out to make life easier for many people who were convicted of a criminal offence but who have been conviction-free since.
A person convicted of all but the most serious criminal offences and who receives a sentence less than 2.5 years in prison, benefits from the Act if they are not convicted again during a specified period. This is called the rehabilitation period. In general terms, the more severe a penalty is, the longer the rehabilitation period.
Once a rehabilitation period has expired and no further offending has taken place, a conviction is considered to be 'spent'. Once a conviction has been spent, the convicted person does not have to reveal it or admit its existence in most circumstances, including when applying for a job. In most circumstances, an employer cannot refuse to employ someone, nor dismiss them, on the basis of a spent conviction.
There are some exceptions to the general principle that spent convictions do not have to be declared. When assessing the suitability of a person for a position of trust, an employer is entitled to ask a candidate to reveal details of all convictions, whether spent or not. This is, in part, to ensure that children and other vulnerable groups are adequately protected from those in positions of authority over them. These positions of trust, or excepted professions, are set out in the ROA Exceptions Order.
Spent Convictions (Legal)
A conviction that, after a period of time, can be treated as if it never existed and no longer needs to be disclosed, unless applying for a post that would warrant an Enhanced Disclosure from the CRB.
Standard CRB Check
Standard CRB checks are for people entering certain professions, such as members of the legal and accountancy professions. Standard checks contain the following:
- convictions, cautions, reprimands and warnings held in England and Wales on the Police National Computer, relevant convictions in Scotland and Northern Ireland may also be included;
- standard checks no longer include a check of the old or new barred lists from 12 October 2009.
Standard Check
See Standard CRB Check above.
Subject Access
Under current legislation, individuals can exercise their right to apply for access to information held on them including criminal record information under the 'subject access' provisions of Section 7 of the Data Protection Act 1998.
Suspended Sentence
A custodial sentence which will not take effect unless there is a subsequent offence punishable by imprisonment within a specified period. The sentence of imprisonment cannot exceed 2 years. It is not intended as a substitute for non-custodial penalties or for probation but as an incentive for the offender to avoid trouble in future. This gives the Court the opportunity to distinguish between the gravity of the offence and mitigating circumstances which they mark by the length of the sentence and the needs of the offender.
T
Taken into Consideration
An offence may be taken into consideration (TIC) by a court when deciding on sentence and compensation awards. It is an alternative to charging an offender with a substantial number of offences. The offender must admit their guilt before the court can take the offence(s) into consideration.
Trust
Property legally entrusted to a person with instructions to use it for another person’s (or persons’) benefit.
Trustee
A person who holds or administers property in a trust for another (or others).
U
Umbrella Service
A Registered Body that provides access to the CRB to other non-registered organisations.
Unlock
Unlock is an independent charity and membership organisation, led by reformed offenders.
Unspent Conviction
A conviction is described as unspent if the rehabilitation period associated with it has not yet lapsed. A rehabilitation period is a set length of time from the date of conviction, according to the sentence imposed.
V
Verdict
The finding of guilty or not guilty by a jury.
Volunteer
The CRB defines a volunteer to be ‘a person who performs an activity which involves spending time, unpaid (except for travelling and other approved out-of-pocket expenses), doing something which aims to benefit someone (individuals or groups) other than or in addition to close relatives’.
Vulnerable Adults
A vulnerable adult is a person who is aged 18 years or older and:
- is living in residential accommodation, such as a care home or a residential special school
- is living in sheltered housing
- is receiving domiciliary care in his or her own home
- is receiving any form of health care
- is detained in a prison, remand centre, young offender institution, secure training centre or attendance centre or under the powers of the Immigration and Asylum Act 1999
- is in contact with probation services
- is receiving a welfare service of a description to be prescribed in regulations
- is receiving a service or participating in an activity which is specifically targeted at people with age-related needs, disabilities or prescribed physical or mental health conditions or expectant or nursing mothers living in residential care (age-related needs includes needs associated with frailty, illness, disability or mental capacity)
- is receiving direct payments from a local authority/HSS body in lieu of social care services
- requires assistance in the conduct of his or her own affairs
W
Warrant of Committal
Method of enforcing an order of the Court whereby the penalty for failing to comply with its terms is imprisonment; the bailiff is authorised to carry out the arrest and deliver the person to prison (or in some instances the Court).
Working with children
The definition of this term is in two parts:
a) a child care position within the meaning of the Protection of Children Act. The Criminal Justice and Court Services Act (CJCSA) 2000 replaces the original definition in the Protection of Children Act with 'regulated position' for the purposes of Part II of the 2000 Act. Within the 2000 Act, section 36 sets out what the regulated positions are for the purposes of Part II of the Act; or
b) a position in which employment or further employment is prohibited or restricted by regulations made under section 142 of the Education Act 2004.
Y
Youth Custody
Also known as Borstal or Youth Detention. Where a person under the age of 17 is convicted of an offence for which an adult may be sentenced to imprisonment, the Court may, if it is of opinion that none of the other available non-custodial measures such as fining or probation is suitable, sentence the offender to be detained in a Detention Centre. The offender is carefully observed and assessed, usually in a remand centre, and an Institution Board then makes its recommendations to the Secretary of State regarding a suitable allocation. This may vary according to the age of the offender and circumstances of the case but may be a community home, a youth treatment centre, a borstal or a young prisoner’s centre.
The Children and Young Persons Act 1969 provided for the phasing out of Borstal training and Detention Centres.