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A girl aged 14 is found guilty after trial in the Youth Court for an offence of wounding contrary to s.20 of the Offences Against the Person Act 1861 and is to be sentenced. A pre-sentence report is before the court. This is the girl’s first offence.
When determining the appropriate sentence, the magistrates consider a detention and training order (DTO) for eight months, but correctly conclude that this sentence cannot be imposed on the girl.
Why are the magistrates correct that this sentence cannot be imposed on the girl?
A. Because the maximum term of a DTO that can be imposed in the Youth Court is six months.
B. Because the girl has not previously been sentenced to a youth rehabilitation order.
C. Because the offence is not an indictable only offence.
D. Because the girl is not a persistent offender.
E. Because the girl has not previously been sentenced to a referral order.
D - Because the girl is not a persistent offender.
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