Session 1 lllc 2222 2016

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Violently & sexually offending young people

Session 1. An Introduction to Youth Crime and Youth Justice 22 slides John Clark

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Course handbook - Read it!

Timetable & dates Assignment timetable Hand in date Guidance, referencing etc

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Contacting John

John is a part-time tutor & only on campus at times of teaching.

Use this e-mail address:

[email protected]

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Did you ever … Steal from a shop? Get involved in a fight? Buy alcohol underage? Tell your parents you would be staying in one place … and then stay

somewhere else? Hit someone? Use a telephone without permission? Use a television without a licence? Drive faster than the speed limit? Start a fire Damage someone else’s property? Catch a train or bus without paying? Hang around in a group on the streets? Get drunk and rowdy in public? Try to get money back on something having used it?

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What do we mean by Youth Crime?

Age; gender; class etc Age of criminal responsibility Doli Incapax Justice / Welfare pendulum Key Moments Romanticisation of crime Demonisation & Moral Panics

615Iceland14Hungary12Greece14Germany13France15Finland15Denmark14Cyprus14Bulgaria18Belgium14Austria16Andorra

10England, Wales,

N. Ireland

12Turkey8 (12)Scotland

7Switzerland15Sweden16Spain16Portugal16Poland15Norway12Netherlands18Luxembourg14Italy12Ireland

Civil regulation, rights & responsibilities

Age 5 Drink alcohol in private

Age 8 Be held responsible for a crime in Scotland

Age 10 Be held responsible for a crime in England, Wales & N.I. Taken into protective custody of intensive fostering Be sent to a secure unit for grave/serious crimes

Age 12 Be held in a Secure Training Centre or Own a pet Age 13 Have a part time job (with conditions)

Age 15 Be sent to a YOI

Age 16 Pay taxes / Consent to sexual intercourse Engage in a homosexual relationship / Leave home/Marry

Leave school / Get full time job / Join army / Buy a lottery ticket Buy aerosol paint

Age 17 Drive a car / Pilot a plane / Emigrate

Age 18 Vote / Serve on a jury / Buy alcohol / Buy tobacco / Buy a knife Marry without consent / Be tried in a magistrates court Get a tattoo / Place a Bet /Buy fireworks / Be entitled to the lower rate of the

national minimum wage /Buy an airgun or replica

Age 21 Adopt a child / become an MP Age 22 Entitled to adult rate of national minimum wage

From John Muncie, Youth & Crime 2009 7

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Age; gender; class etc

Age of criminal responsibility is 10 & can be tried in an adult Court

Become an adult in the eyes of the court at 18 (or 17 for bail & remand purposes)

More boys than girls … why?? Need to consider social class in terms of

crime

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Age of criminal responsibility

In England and Wales the ACR is 10 One of the lowest in Europe Strong negative public reaction to

suggestions of increasing age

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Doli Incapax

The assumption that a child below the age of 14 could not form the “mens rea” (criminal intent) to commit a crime

The burden was on the prosecution to prove intent

Presumption was reversed in the Crime and Disorder Act 1998

Youth Justice System 10-18 Years

Youth Justice System (10 – 18 ) Flowchart (summaryPlease note that offences of assault against or between children must be disclosed on a CRB/DBS application, always have to be declared subsequently and & can result in being unable to embark on courses or take up work with children or other vulnerable groups Incident/ Offence if fully admitted (& not so serious as to warrant prosecution)can result in:A Community (restorative) resolution which can be administered pre or post arrest at Police discretion. A further offence of sufficient seriousness to warrant formal processing can result in a:CAUTION administered by Police & recorded.Any further offence or 1st offence if serious (if fully admitted & not so serious etc) will result in:CONDITIONAL CAUTION (Police decision, recorded & citable in Court on future occasions + referral to YOS for assessment & action) Further offending will result in:PROSECUTION IN COURT (This will lead to one of the following court orders or interventions)Referral Order (between 3 and 12 months for first offence in Court if admitted & not serious enough to merit Custody, can be extended but not repeated unless exceptional circumstances)Reparation Order (max 24hrs within 3 months)Fines, Discharges, Compensation Order & Deferred Sentence for less serious offences

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Subsequent offending is likely to result in a Youth Rehabilitation Order (no minimum period and up to 36 months. Can be used more than once and based on seriousness of offence & risk)

And which could contain: Reparation, attendance centre, supervision, unpaid work (for 16 & 17 only),

mentoring, education, family intervention. Other control elements could include: Prohibited activity, curfew, exclusion, drug testing/treatment, residence and

electronic monitoring, Intensive fostering & intensive supervision & surveillance. Serious & repeat offending can result in custody Detention & Training Order (Custody for up to two years for 12-17 yr olds) Intermediate and extended public protection Section 90/91 ( Crown Court custody & only for the most serious offences)  Civil Anti-social behaviour measures include Acceptable Behaviour Contracts, Individual

Support Orders & Anti-Social Behaviour Orders. Breach of ASBOs can result in Custody John Clark RJ/YOS 2013

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A social comment on the lawlessness that prevailed in 1856 John Clark 2008

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The Welfare / Justice Pendulum

RestorationJustice Welfare

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Justice model

You make a choice to offend Antecedents are irrelevant A retributive system, “do the crime … do

the time” “just desserts” Punishment needs to act as a deterrent to

others

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Welfare & rehabilitation model

Antecedents are all important Crime is a symptom of an illness – in

either an individual or society as a whole Criminal behaviour needs to be

understood and treated

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Youth Justice / Child welfare Continuum?

WELFARE JUSTICE

WELFARE JUSTICE

OR

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Restorative model

Views an ‘offence’ as an incident, a violation of social bonds

Is inclusive Seeks to repair harm & restore balance

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Key Moments 1993 – Murder of James Bulger in Liverpool 1996 – Misspent Youth report 1997 – New Labour elected 1998 – Crime and Disorder Act The “growth” in antisocial behaviour The increased politicisation of Youth Crime

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Romanticisation of crime

Dickens’ Artful dodger (street robbery) Loveable rogues (Violence, theft) Just William (ASBO fodder!) Mr Toad (TWOC, DWD, escape from

custody) Life on Mars (Pre-PACE!!!) Hatton Gdn burglary?

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Demonisation and Moral Panics

Youth culture – “normal” behaviour? Historical issue – ‘twas ever thus? Demonisation of Young People Children learn from adults? Moral Panics Adults vs. Children Provision for Young People