The youth service - 03/02/25
Offending Trjectory
2 types of offending trajectory:
LCP — life course persistent
AL — adolescent limited
LCP — 3% to 16% of adolescent population
AL — 50% + of adolescent population
Who deals with young offenders
We are a non-departmental public body responsible for overseeing the youth justice system in England and Wales
We are an independent public body appointed by the secretary of state for justice. We have experience in areas that are vital vital for effective youth justice: children’s services, education, health, youth offending teams (YOTs), policing and academia.
A youth justice system that sees children as children, treats them fairly and helps them to build on their strengths so they can make a constructive contribution to society. This will prevent offending and create safer communities with fewer victims.
Child first, offender second
Prioritise the best interest of children, recognising their particular needs, capacities, rights and potential. All work is child-focused and developmentally informed
Promote children’s strength and capacities as a means of developing their pro-social identity for sustainable desistance, leading to safer communities and fewer victims. All work is constructive and future-focused, built on supportive relationships that empower children to fulfil their potential and make positive contributions to society.
Encourage children’s active participation, engagement and wider social inclusion. All work promotes desistance through co-creation with children.
4. Promote a childhood removed from the justice system, using pre-emptive prevention, diversion and minimal inter
Youth offending team
Youth offending teams work with young people that get into trouble with the law.
They look into the background of a young prtson and try to help them stay away from crime
They also:
Run local crime prevention programmes
Help young people at the police station if they’re arrested
Help young people and their families at court
Supervise young people serving a community sentence
Stay in touch with a young person if they’re sentenced to custody
Youth court
A youth court is a special type of magistrates’ court for people aged between 10 and 17
A youth court has either
3 magistrates
a district judge
There is not a jury in youth court
Your parent or guardian must come with you:
if you are under 16
If you are 16-17 and they’re given a court order
Cases youth court deals with
Deals with cases like
theft and burglary
Anti-social behaviour
Drug offences
For serious crimes, like murder or rape, the case starts in a youth court but will be passed to crown court
How youth courts are different from adult courts
Youth courts are less formal than adult courts
Members of the public are not allowed (unless they get permission)
You are called by your first name
Types of sentences for young people
Discharge: absolute and conditional
Fines
Referral orders
Youth rehabilitation orders — last up to 3 years, eg. curfew, supervision, unpaid work, electronic monitoring, education requirements
Custodial sentences — detention and training order
In 2022 — 69% of young people issued with a community sentence
Sentences for children and people under 18
If you are under 18 you’ll be treated differently to adults by a court, you will only get a custodial sentence in some cases
The sentence cannot be longer than that of an adult would get for the same crime
Detention and training orders
If you’re aged between 12 and 17 you could get a detention and training order. This lasts between 4 months and 2 years
You could serve the first half in custody and the second half in the community under supervision
You must meet certain conditions when serving a sentence under supervisions
If you break the conditions you might be sent back to custody
Longer custodial sentences
If you are under 18 you could get a longer custodial sentence for a serious crime eg. a crime that was violent or sexual
You would serve some of the sentence in custody
You’d serve the rest of the sentence in the community ‘on licence’
you must meet certain conditions when serving a sentence on licence
Life sentence
if you’re found guilty of murder, a court mist give you a life sentence. A court could give a life sentence for other serious offences like rape or armed robbery.
The court decides how long you must serve in custody before you can be considered for parole
If you’re released, you’ll be put on licence for the rest of your life.
Where are children in custody detained?
Young Offenders Institution (YOIs)
Secure Training Centre (STCs)
Local Authority Secure Children’s Home (LASCHs)
Relevant Legislation
Youth Justice and Criminal Evidence Act (1999) — youth justice reforms and treatment of vulnerable witnesses
Children and Young Persons Act (1933) — understanding of child welfare and the need to balance protection with appropriate treatment of young offenders
Responding to youth crime
Some explanations focus on the circumstances that children and young people find themselves in (Welfare model)
Some explanations focus on the choices that children and young people make (Justice model)
Welfare vs Justice
Should we be focusing on the crime?
To what extent should the full force of the law be applied to children and young people?
What is the extent to which children can be held responsible for their behaviour under criminal law?
If children are to be held accountable, what is the appropriate response?
Afraid to apply too uch welfare
Welfare approaches, therefore can be seen as an effort to decriminalise youth crime
This met with resistance from legal and criminal justice professionals (Bottoms, 2002)
Need for more justice?
1970s — a sustained attack on the principles of welfare
Political Left — welfarism is an erosion of civil liberties
Political Right — welfarism is soft and ineffective
Initial argument — measures imposed should be offence-focussed
Subsequent argument — just deserts: punish the offence rather than meet needs of offender