Responding to crime through minimum age of criminal responsibility

Question 1

The Beijing Rules - UN 1985 - Rule 8

Answer 1

“young persons are particularly susceptible to stigmatisation. Criminological research into labelling process has provided evidence of the detrimental effects (of different kinds) resulting from the permanent identification of young persons as “delinquent” or “criminal”
- UN standard minimum rules for the administration of justice

Question 2

Rutherford (1992)

Answer 2

Most people ‘grow out of crime’

Question 3

Mcara + Mcvie (2007)

Answer 3

Youth penal punishments act as a deterrent - in reality they are less likely to desist from crime

Question 4

Article 40 (vii) UN CRC

Answer 4

Children alleged or accused of infringing the criminal law should have their “privacy fully respected at all stages of the proceedings”

Question 5

S49 Children + Young People Act 1933

Answer 5

States they cannot publish any info likely to lead to the identification of a victim, witness or defendant under 18

Question 6

Crime (sentences) Act 1997, s45(1) amending CYPA 1933

Answer 6

Empowered courts to dispense with reporting restrictions in respect of children when ‘satisfied that it is in the public interest to do so’

Question 7

Needs + Background of youth justice system-involved young people

Answer 7

High frequency of:
- Poverty + socio-economic disadvantage
- educational disadvantage, exclusion, under-attainment
- housing problems
- family adversities - dv
- care system experience
- Trauma
- Disabilities + complex needs

Question 8

International MACRs

Answer 8

• USA - 7-10
• Aus - 10
• Eng+Wales - 10
• Scotland - 12
• Spain - 14
• Belgium - 18

Question 9

Neuroscience evidence in support of higher MACR

Answer 9

• Significant neurological development during adolescence esp in frontal lobe, which is central to higher order executive functions - e.g. planning
• Refinement of neural networks + connectivity of regions of the brain relating to emotional regulation, processing, stress + impulse control
• Peer group effects: increased risk taking during adolescence
• Frontal lobe is the last part of the brain to mature about 24y/o

Question 10

Youthful Criminal Records (ycr) Disclosure

Answer 10

• Almost 850,000 people were affected by the disclosure of a youth criminal record on a standard/enhanced (DBS) check between 2013+2018
• Over 3.5mil YCR have been disclosed
• over 3/4 of YCRs disclosed (almost 2.75mil) were over 10y/o
• over 2.25mil YCRs disclosed were over 15y/o
• Almost 1mil YCRs disclosed were over 30y/o

Question 11

Arguments against criminalising children

Answer 11

• Protection of children’s rights
• disparities with civil law
• Backgrounds of children in conflict with the law: poverty, disadvantage, marginalisation, high level of disabilities + complex needs
• Racialised + classed consequences of child marginalisation
• Child criminalisation is criminogenic: undermines public safety, harmful to child’s future

Question 12

Youth Criminal Records Disclosure - Disproportionate + discriminatory?

Answer 12

• COA ruled in 2017 YCR disclosure requirements are ‘disproportionate’
  -HOC justice committee recommended various measures
• concluded existing disclosure regime had discriminatory impact on: BAME children, children in care, girls forced into prostitution, asylum seeking children
• SC judgement ruled automatic disclosure of convictions were disproportionate
• since Nov 2020, youth cautions, reprimands + final warnings are no longer required to be disclosed