There is a difference, in that the provision in proposed section 3 applies to measures and not just to penalties. This is an attempt to make sure that if the justice system is persuaded that an alternative or extrajudicial measure or sanction is appropriate for the young person, it too would be proportionate to the seriousness of the offence and the degree of responsibility of the offender. It applies not just to sentencing, but to all measures under the criminal law authority that could be imposed on young people through the Youth Criminal Justice Act.
The point is to ensure, to some extent, that young people who are needy and are subjected to an extrajudicial sanction are not getting a measure or a coercive penalty imposed on them that is disproportionate to the seriousness of the offence and the degree of their responsibility, because we don't want to end up punishing the needy. We want to make sure that the penalty is proportionate to the culpability of the young person.