Lecture 8 - Youth Justice System Notes PDF

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Youth Justice System What is Youth Justice System? (YJS)  Youth justice in England and Wales compromises the organs and processes that are used to prosecute, convict and punish persons under 18 years of age who commit criminal offences.  The activities of the YJS are overseen by the Youth Justice Board (YJB).

Legal Framework

 The age of criminal responsibility in England is 10 years.  The youth justice system (YJS) was set up under the Crime and Disorder Act 1998. Its aim is to prevent young people offending or re-offending (s.37)  The formal YJS begins once a child or young person aged 10 or over (and under the age of 18) has committed an offence and receives a reprimand or a warning, or is changed to appear in court  Note that from 2013 reprimands and warnings were replaced by restorative solutions and cautions

Influences

 How we respond to youth crime is not set in stone  Modern notions of child development and responsibility and the wider discourse of human rights have shaped our responses

Previous Statistics (source: Youth Justice Board Annual Report/ Accounts 2014/2015)

 The number if first-time entrants to the Youth Justice System has fallen to 21,016 – a reductions of 11% compared to the previous year and a reduction of 78% since 2004  The number of young people in custody has reduced by 13% from the previous year to just 1,004 and by 62% since March 2005  Overall the number of young people who reoffend had also continued to decrease this year, although the 12 – month reoffending rate for young people has increased by 1.3% to 36%

Current Statistics (

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2015/2016)

 The number of first-time entrants has now reduced by 83% since its peak in 2006  The number of reoffences committed by young people has reduced by 20% since its peak in 2007  Numbers in custody fell this year to a record low

Old Youth Justice?

William Trimmer, aged 14, convicted of stealing two bottles of Lemonade and sentenced in 1873 to 10 days’ hard labour and 5 days’ reformatory

New Youth Justice?

Petra Blanksby, aged 19 was on remand in 2003 for Arson with intent to endanger life. Petra had set fire to her mattress in her flat in an act of self-harm and the life she endangered was her own. She had no previous criminal convictions

Development of the Welfare Principle

 Nineteenth Century saw children still being punished severely for what would be considered minor crimes today  Crucial development came about that courts need to treat children and young people differently to adults.  1835 Select Committee on Goals and Houses of Correction -

the idea of collective supervision started in this year

 Pankhurst Prison 1838 (now HMP Isle of Wight)  Juvenile Offenders Act 1838 – except for murder, any young person committing a crime will be dealt with by 2 magistrates  Enshrined in the 1933 Children Act – courts obliged to consider the welfare of a child and not treat them as small adults

Children and Young Person Act 1933

“Every court in dealing with a child or young person who is brought before it, either as an offender or otherwise, shall have regard to the welfare of the child or young person and shall in a proper case take steps for removing him from undesirable surroundings, and for securing that proper provision is made for his education and training.” Section 44: (1), 1933 Children and Young Persons

Welfare Principle Continued

 Children Act 1989 (section 1)  Children Act 2004 (section 11)  Every child matters agenda

Further Developments

 Under Labour government in 1969 the children and Young Persons Act 1969 changed the way young people in trouble were supervised in the community  Established ‘halfway house concept’  ‘Intermediate treatment’  Attempt to raise the age of criminal responsibility from 10 – 14 (prior to 1963 it had been 8!!) never enacting as labour lost power

Outcome

 Use of custody for young people declined in the 1980s remained low until early to mid-1990s  Why was there a sea change?

New Youth Justice

 1996 Misspend youth – report by the audit commission described the current system as too costly, inefficient and ineffective  Court prosecution process too slow, not enough was being done to prevent offending behaviour, agencies involved were uncoordinated and contradictory, lack of effort and resources to prevent offending behaviour.  Report made a number of recommendations and in 1997 New Labour came up with a Government white paper entitled ‘no more excuses a new approach to tackling youth crime in England and Wales’  Interpreted as no more excuses for young offenders or practitioners – punitive and retributive stance?  Provided the basis for the Crime and Disorder Act 1998. “An excuse culture has developed within the Youth Justice System. It excuses itself for its inefficiency, and too often excuses the young offender before it, implying that they cannot help their behaviour because of their social circumstances. Rarely are they confronted with their behaviour and helped to take more personal responsibility for their actions. The system allows them to go on wreaking their own lives as well as disrupting their families and communities.” -

Comments made by Jack Straw then Home Secretary ‘no more excuses’ 1997

New Labour: ‘tough on crime, tough on the causes of crime’

Crime and Disorder Act (1998)  Engaged ‘responsibilsed’ agencies: local authorities, police town planners, teachers, youth workers, health workers and business people  Introduced ‘Community Safety Partnerships’

Social Exclusion Unit – ‘Reducing Reoffending By Ex-Prisoners’ (2002)...