By Raymond Arthur
How does the legislation take care of younger offenders, and to what volume does the legislations defend and advertise the rights of youth in clash with the legislations? those are the relevant matters addressed by means of younger Offenders and the legislations in its exam of the felony reaction to the phenomenon of teenage offending, and the modern forces that form the legislations. This ebook develops the reader’s realizing of the sociological, criminological, old, political, and philosophical techniques to adolescence offending in England and Wales, and likewise offers a comparative assessment of advancements in different jurisdictions. It presents a complete serious research of the legislative and coverage framework at the moment governing the operation of the formative years justice method in England and Wales, and evaluates the reaction of the criminal process in gentle of contemporary legislative framework and overseas top perform. All points of trial and pre-trial strategy affecting younger offenders are coated, together with: the age of felony accountability, police powers, trial strategy, including the complete diversity of detention amenities and non-custodial strategies. younger Offenders and the legislations offers, for the 1st time, a first-rate resource of reference on formative years offending. it really is a necessary textual content for undergraduate and postgraduate scholars of legislations, Criminology, and felony Justice reviews.
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Additional info for Young Offenders and the Law: How the Law Responds to Youth Offending
The 1998 Act contains a range of orders such as the antisocial behaviour order, the child safety order and the child curfew, where there is no requirement for the commission of, or conviction for, a criminal offence. However the 1998 Act also provides the basis for earlier intervention in the lives of young people and their parents aimed at alleviating the causes of crime. The development of YOTs in every local authority area has allowed for the provision of youth crime prevention initiatives which aim to strengthen schools, support parents, combat alcohol and drug abuse, create employment and training opportunities for young people and provide leisure activities.
Impact of international law 35 The preamble of the UN Convention recalls that the Universal Declaration of Human Rights 1948 proclaims: ‘Childhood is entitled to special care and assistance’. In accordance with this ideal, the UN Convention emphasises the need for a child-centred youth justice system, as distinct from a punitive system, in which the child’s interests are paramount and the inherent dignity of the child is preserved. The Convention prohibits the use of the death penalty and life imprisonment for young people and requires that any period of imprisonment be for the shortest appropriate period of time and only be imposed as a measure of last resort.
The twentieth century was marked by a conflict between welfarism and legalism. Wefarism recommended addressing the child’s needs irrespective of offending behaviour whereas legalism (or justice) recommended using legally-sanctioned force which was proportionate to the child’s offence and premised on what the child had done. Discussion topic Explain the characteristic features of a ‘welfare’ approach to children in trouble with the law and examine any problems this approach may pose. Comment The welfare approach reached its peak in England with the passing of the Children and Young Persons Act 1969, its core idea being that young offenders were not that different from young people in other kinds of trouble and that they should not experience the full force of the prosecution system unless all other available avenues have been exhausted.
Young Offenders and the Law: How the Law Responds to Youth Offending by Raymond Arthur
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