Unit 7 - Youth Justice

Age of criminal responsibility in England and Wales

10 years old

Crime and Disorder Act 1998 : broadly speaking + specific measures

Created youth justice system under Tony Blair’s Labour government :

• identified the aim of the Youth Justice System as being “to prevent offending by children and young persons.”

• However, the courts and CPS must take into account the principle of the Children and Young Persons Act 1933

Measures :

• Created the Youth Justice Board for England and Wales

• Required local authorities to establish Youth Offending Teams,

• Abolished the legal presumption of ‘doli incapax’

• Introduced Detention and Training Orders of up to 24 months for 12-17-year-old

Children and Young Persons Act 1933: principle, measures

-Principle that ‘Every court in dealing with a child… shall have regard to the welfare of the child or young person’, as they were seen as victims of social disadvantages and inadequate parenting.

-Measures :

• Introduced residential approved schools (1933-1969) where children received education and training and discipline was often strict.

• Raised the minimum age of responsibility from 7 to 8 years old, which is the minimum age at which a child can be arrested or charged.

• Abolished the death penalty for under-18s.

When is a defendant referred to as a child ?

When s/he is under 18 years old

Movement regarding youth justice in the early 1800s

Reformers became interested in ‘juvenile delinquency’ and argued for the need for rehabilitation of child offenders, highlighting the need to keep adult and child detainees separate from one another within prisons.

When were adults and children separated for judicial purposes for the first time ?

In 1847, with the Juvenile Offenders Act

What were borstals + date

-They were detention centers for young offenders aged 16-21. Detainees were subject to strict discipline and received vocational training.

-1906-1982

What happened by 1948 ?

-The first social workers exclusively for children were introduced

-Court imposed corporal punishment (physical punishment intended to cause pain) was ended

-Children under 17 were no longer placed in adult prisons

What happened by 1963 ?

Age of criminal responsibility was raised to 10

What happened by the 1980s in terms of statistics ?

The use of informal police cautions and community-based sentences meant that the number of children in custody was falling dramatically.

What is the James Bulger case + consequences ?

-In 1993 James Bulger, a two-year-old toddler, was abducted and murdered by two 10-year-old boys.

-Case was a turning point in youth justice, police relations to child offenders became harsher :

• The number of offences for which child offenders could be referred to the Crown Court and the length of detention periods for 15-17-year-olds increased.

• Youth custody (detention by the justice system) figures began to rise.

What is the role of the Youth Justice Border for England and Wales ?

Oversees and monitors the youth justice system

What are the aim, composition, and role of Youth Offending Teams ?

-Aim :

• Coordinate the provision of youth justice services

• Reduce the number of children who offend

• Support rehabilitation for child offenders

-Composition : Staff from

• Social services

• Police

• Probation

• Education

• Health and Drug services.

-Role : prepare Pre-Sentence Reports manage community sentences.

What are Pre-Sentence Reports + who makes them ?

-Reports which help a court decide what sentence to give a person

-Prepared by Youth Offending Teams

What is ‘doli incapax’?

A legal presumption that a child aged 10-13 is incapable of forming criminal intent, meaning the prosecutor had to prove a child could form criminal intent

(abolished by th Crime and Disorder Act 1998)

What happens when a chil receive a sentence of Detention an Trainin order ?

The child offenders spend the first half of the sentence in custody and for the second half they are supervised by the Youth Offending Team.

Evolution of child custody in the UK since the Crime and Disorder Act 1998

-Immediately after the act: number of under-18s in custody rose to around 2,500

-2010 : emphasis on non-custodial alternatives

-2023-24 : children in custody in England and Wales was 430 (lowest on record)

What is the policy regarding the children’s treatment in the youth justice system ?

Since 2019 the Youth Justice Board has promoted a ‘Child First’ policy which treats child offenders as children first and foremost

What should happen for a first contact with a child that is suspected to be involved in a crime ?

-Officers should usually ask the child to attend a voluntary interview.

-Children should only be arrested when necessary and they should not be arrested or interviewed at their school unless this is unavoidable.

Guarantees if a child speaks with the police/is a suspect

-An appropriate adult must be present, often a parent or guardian

-If suspect, s/he is entitled to free legal advice and representation

What is an “appropriate adult”?

A responsible person aged 18 or over who supports the child or vulnerable adult

What can the police charge the child with ?

May offer an Out Of Court Disposal :

• Youth caution (formal police warning)

• Youth conditional caution (youth caution with conditions

  attached, and if not met the child cold be prosecuted for the original offense)

• Or a community resolution

They will appear on the child’s criminal record

What is the advantage of out of court disposals ?

Allows police to deal with low-level often first-time offending without prosecution at court.

Which court will usually judge children ?

Youth courts

Beginning of proceedings in the Youth Courts

-Presumption of bail, but a child may be remanded in custody

-Children are called by their first names and the courts are designed to make them feel less intimidated and to understand

-Children under 16 must attend with a parent or guardian

-Child’s identity must be protected from the public

-Youth Offending Team will prepare a Pre-Sentence Report

What does being “remanded” mean ?

Being held in prison or a secure institution while awaiting trial

What happens if a child pleads guilty in front of the Youth Courts ?

They will be given a Referral Order which requires them to attend a youth offender panel and agree to a contract containing commitments to address their offending behaviors

Ex: community service, family counselling, apologies etc

What can more serious offenders receive from the Youth Courts ?

They may receive a Youth Rehabilitation Order which will include requirements such as :

• A curfew

• Supervision

• Unpaid work

• Electronic monitoring

• During treatment, mental health treatment

• Dducational requirements

+ May also include a fostering requirement

What about custodial sentences in Youth Courts ?

-Only given as a last resort

-Maximum sentence is a two-year Detention and Training Order

When must a case involving a child be sent to the Crown Court ?

-If a child has been charged with homicide or is at least 16 and has been charged with certain firearms offences

-Or if :

• Defendant is charged with a grave crime or terrorism

• When the child could be given an extended sentence meaning that they will be supervised after they have served their custodial sentence

• If they are jointly charged with an adult and the court thinks that the two should be tried together in the interest of justice

-Regarding only sentencing if the Youth courts think they have inadequate sentencing power

What is considered to be a “grave crime” ?

Offences which would carry a maximum sentence of 14 + years

Institutions for children sentenced to custody

-Secure children’s homes - SCHs (often children 10-14)
-Secure training centres - STCs (mostly 12-17)
-Young offender institutions - YOI - similar to adult prisons (15-21-year-olds)

What are secure training centres ?

-Institutions for children between 12-17 yo sentenced to custody

-Run by private compagnies under contract

-Following a series of scandals involving abuse, over-use of physical restraint, and poor conditions, all STCs apart from one have been closed down.