youth justice Flashcards
what is the age of criminal responsibility?
10
what does ‘dole incapax’ refer to?
legal principle that presumes children are incapable of committing a crime
what significant event took place in 1993 relating to youth crime and the age of criminal responsibility being lowered?
the burger case
what legislation abolishes doli incapacity?
The Crime and Disorder Act 1998, this established the youth justice board
What is the primary aim of the youth justice system according to the Crime and Disorder Act 1998?
preventing offending
What does it mean to consider young offenders as a product of their environment?
suggests their behaviour may not be entirely their fault but is influenced by external factors
What are juvenile delinquents seen as indicators of?
indicators of escalating misconduct that may lead to more serious offences
What are moral panics?
widespread fears or anxieties about young offenders leading to society overreacting
What does the term “born criminals” imply?
some individuals are inherently predisposed to criminal behaviour
why is the concept of fully developed brains relevant?
highlights that young offenders may not have the same decision-making capabilities as adults due to ongoing brain development
what does ‘short sharp shock’ refer to regarding young offenders?
controversial approach suggesting that a brief, harsh punishment may deter future offenses
what is early identification/monitoring?
recognising at-risk youth early on to provide intervention and support before they engage in criminal behaviour
what are restorative approaches?
repairing harm caused by criminal behavior through reconciliation between the offender, the victim, and the community
what is a needs-based approach?
approach addressing the underlying needs of young offenders e.g. education and mental health support, to reduce reoffending
what should be the primary focus of the YJS?
rehabilitation over punishment
how should interventions be tailored in the youth justice system?
age-appropriate, using language and methods suitable for youth’s developmental stage
What is a key practice that can be incorporated into the youth justice system?
Restorative justice practices encourage dialogue between the offender and the victim, fostering empathy and accountability
what type of support should be provided to young offenders?
Access to support services e.g. counselling, education, and family support, to address underlying issues contributing to delinquency
What is a more effective approach than institutionalisation for young offenders?
community-based solutions
Why is parental involvement important in the youth justice system?
creates a support system for the young person, leading to better outcomes and reducing the likelihood of reoffending
What training should professionals in the youth justice system receive?
Training in adolescent development and trauma-informed care for more effective interactions and interventions
How many Youth Offending Teams are there per local authority?
one
When do Youth Offending Teams get involved?
when a young person is arrested
What is the focus of regular meetings within Youth Offending Teams?
preventing further offending
What role do Youth Offending Teams play in referring services?
refer young people to other services
What responsibility do Youth Offending Teams have regarding court orders?
they manage court orders
How do Youth Offending Teams incorporate restorative justice?
to encourage accountability and repair harm
What is a key action taken when dealing with young offenders under 10?
discussions held with the parents
What type of agreement can be made with the Youth Offending Team (YOT) for parents?
a parenting agreement
what are parenting orders, and what can they involve?
a fine of up to £1000 for non-compliance
What approaches are used for young offenders aged 10 to 18?
Diversionary approaches to deter them from the cjs
What are Ancillary Orders in the context of youth offending?
Ancillary Orders are civil orders that may be applied alongside criminal sentences
where are young offenders aged 10-18 tried?
youth courts
What are reporting restrictions, and how do they apply to youth offenders?
the name and identity of the young offender cannot be published in the media ensuring anonymity
What types of sentences can be given to young offenders aged 10 to 18?
Various special sentences and orders can be issued tailored to the individual
What is a Beureu in the context of out-of-court disposals?
informal disposal option used for young offenders
What is a Youth Caution, and what are its requirements?
requires the young person to admit to the offence and may include conditions if the offence falls under the 2003 Sexual Offences Act
What is community reparation activity?
the young offender engaging in activities to make good the damage caused by their offence
What does direct reparation to victims entail?
actions such as writing a letter of apology to the victim or victims.
What kind of work may be included to address offending behavior?
Brief cognitive behavioural work may be included to address the thinking and attitudes behind the decision to offend
What specific interventions might be offered for certain offences?
Interventions tailored to address specific issues i.e. substance misuse
What is a Community Protection Notice (CPN)?
replaced ASBOs and has similar criticisms. It does not require a court process, but breaking one is a crime
What are the two types of requirements associated with a Community Protection Notice?
prohibitions or positive requirements
What are Anti-Social Behaviour Injunctions (ASBIs)?
applied for in court, are civil in nature, and a breach is not criminal but can lead to arrest or possible custody
What are gang injunctions, and what is their purpose?
used to prevent gang-related violence or drug dealing and are based on the balance of probabilities
what happens if a gang injunction is breached?
The measures for breaching gang injunctions are the same as those for ASBIs
When is a Criminal Behaviour Order (CBO) typically given?
after conviction
what must be proven to the criminal standard to obtain a CBO?
the CBO will prevent behaviour causing harassment/alarm/distress
What requirements must a CBO include regarding behaviour change?
must have a timescale to demonstrate a change in behaviour
what permission is required before applying for a CBO from the CPS?
permission from YOT
what is the maximum penalty for breaching a CBO?
6 months of custody
are reporting restrictions mandatory for a CBO?
no they are optional
What types of sentences may be included when sentencing youth?
discharge and fines
are they special sentences available for youth?
yes
what is the mandatory sentence for murder?
life imprisonment
what are referral order, and when are they used?
maintain restorative option, and are mandatory for first offence if the youth pleads guilty and optional in subsequent offences
what is a detention and training order?
a sentence for youth offenders that combines detention and training
what are the main goals of youth rehabilitation order?
provide punishment, public protection, reducing re-offending and reparation
how long can youth rehabilitation orders last?
3 years
What additional requirements may be imposed for persistent offenders aged 12-15?
intensive Supervision and Surveillance for 90-180 days such as curfews
What is a key condition regarding the requirements of the Youth Rehabilitation Order?
must not be so onerous as to make breach inevitable
What is the fostering requirement in a Youth Rehabilitation Order?
Fostering can last less than 12 months, and the court must find that the offence was significantly due to the environment and that fostering will help the youth
What is the Detention and Training Order considered in the context of youth sentencing
a measure of last resort
Who is not applicable for a Detention and Training Order?
this aged 10-12, persistent offenders aged 12-14, only used for those 145-18 if no other sentence is sufficient
What is the duration of a Detention and Training Order?
at least 4 months but under 24 months
Where do youths serve their time under a Detention and Training Order?
first half in secure training unit if under 14, and in YOIs if over 15, other half is in the community supervised by YOT
How does the duration of a Detention and Training Order compare to an adult sentence?
it is 2/3 of an adult sentence
What is long-term detention under the Crown Court?
sentence imposed under section 250 of the Sentencing Code for serious offences
What criteria must be met for an extended sentence of detention or detention for life?
dangerousness criteria
what does ‘detention at his majesty’s pleasure’ refer to?
applied to murder, allowing for indefinite detention
what is the special sentence of detention for terrorist offenders?
required special sentence under section 252A of the sentencing code
