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legal and criminal justice systems > youth justice > Flashcards

youth justice Flashcards

1
Q

what is the age of criminal responsibility?

A

10

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2
Q

what does ‘dole incapax’ refer to?

A

legal principle that presumes children are incapable of committing a crime

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3
Q

what significant event took place in 1993 relating to youth crime and the age of criminal responsibility being lowered?

A

the burger case

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4
Q

what legislation abolishes doli incapacity?

A

The Crime and Disorder Act 1998, this established the youth justice board

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5
Q

What is the primary aim of the youth justice system according to the Crime and Disorder Act 1998?

A

preventing offending

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6
Q

What does it mean to consider young offenders as a product of their environment?

A

suggests their behaviour may not be entirely their fault but is influenced by external factors

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7
Q

What are juvenile delinquents seen as indicators of?

A

indicators of escalating misconduct that may lead to more serious offences

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8
Q

What are moral panics?

A

widespread fears or anxieties about young offenders leading to society overreacting

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9
Q

What does the term “born criminals” imply?

A

some individuals are inherently predisposed to criminal behaviour

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10
Q

why is the concept of fully developed brains relevant?

A

highlights that young offenders may not have the same decision-making capabilities as adults due to ongoing brain development

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11
Q

what does ‘short sharp shock’ refer to regarding young offenders?

A

controversial approach suggesting that a brief, harsh punishment may deter future offenses

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12
Q

what is early identification/monitoring?

A

recognising at-risk youth early on to provide intervention and support before they engage in criminal behaviour

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13
Q

what are restorative approaches?

A

repairing harm caused by criminal behavior through reconciliation between the offender, the victim, and the community

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14
Q

what is a needs-based approach?

A

approach addressing the underlying needs of young offenders e.g. education and mental health support, to reduce reoffending

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15
Q

what should be the primary focus of the YJS?

A

rehabilitation over punishment

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16
Q

how should interventions be tailored in the youth justice system?

A

age-appropriate, using language and methods suitable for youth’s developmental stage

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17
Q

What is a key practice that can be incorporated into the youth justice system?

A

Restorative justice practices encourage dialogue between the offender and the victim, fostering empathy and accountability

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18
Q

what type of support should be provided to young offenders?

A

Access to support services e.g. counselling, education, and family support, to address underlying issues contributing to delinquency

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19
Q

What is a more effective approach than institutionalisation for young offenders?

A

community-based solutions

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20
Q

Why is parental involvement important in the youth justice system?

A

creates a support system for the young person, leading to better outcomes and reducing the likelihood of reoffending

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21
Q

What training should professionals in the youth justice system receive?

A

Training in adolescent development and trauma-informed care for more effective interactions and interventions

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22
Q

How many Youth Offending Teams are there per local authority?

A

one

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23
Q

When do Youth Offending Teams get involved?

A

when a young person is arrested

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24
Q

What is the focus of regular meetings within Youth Offending Teams?

A

preventing further offending

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25
Q

What role do Youth Offending Teams play in referring services?

A

refer young people to other services

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26
Q

What responsibility do Youth Offending Teams have regarding court orders?

A

they manage court orders

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27
Q

How do Youth Offending Teams incorporate restorative justice?

A

to encourage accountability and repair harm

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28
Q

What is a key action taken when dealing with young offenders under 10?

A

discussions held with the parents

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29
Q

What type of agreement can be made with the Youth Offending Team (YOT) for parents?

A

a parenting agreement

30
Q

what are parenting orders, and what can they involve?

A

a fine of up to £1000 for non-compliance

31
Q

What approaches are used for young offenders aged 10 to 18?

A

Diversionary approaches to deter them from the cjs

32
Q

What are Ancillary Orders in the context of youth offending?

A

Ancillary Orders are civil orders that may be applied alongside criminal sentences

33
Q

where are young offenders aged 10-18 tried?

A

youth courts

34
Q

What are reporting restrictions, and how do they apply to youth offenders?

A

the name and identity of the young offender cannot be published in the media ensuring anonymity

35
Q

What types of sentences can be given to young offenders aged 10 to 18?

A

Various special sentences and orders can be issued tailored to the individual

36
Q

What is a Beureu in the context of out-of-court disposals?

A

informal disposal option used for young offenders

37
Q

What is a Youth Caution, and what are its requirements?

A

requires the young person to admit to the offence and may include conditions if the offence falls under the 2003 Sexual Offences Act

38
Q

What is community reparation activity?

A

the young offender engaging in activities to make good the damage caused by their offence

39
Q

What does direct reparation to victims entail?

A

actions such as writing a letter of apology to the victim or victims.

40
Q

What kind of work may be included to address offending behavior?

A

Brief cognitive behavioural work may be included to address the thinking and attitudes behind the decision to offend

41
Q

What specific interventions might be offered for certain offences?

A

Interventions tailored to address specific issues i.e. substance misuse

42
Q

What is a Community Protection Notice (CPN)?

A

replaced ASBOs and has similar criticisms. It does not require a court process, but breaking one is a crime

43
Q

What are the two types of requirements associated with a Community Protection Notice?

A

prohibitions or positive requirements

44
Q

What are Anti-Social Behaviour Injunctions (ASBIs)?

A

applied for in court, are civil in nature, and a breach is not criminal but can lead to arrest or possible custody

45
Q

What are gang injunctions, and what is their purpose?

A

used to prevent gang-related violence or drug dealing and are based on the balance of probabilities

46
Q

what happens if a gang injunction is breached?

A

The measures for breaching gang injunctions are the same as those for ASBIs

47
Q

When is a Criminal Behaviour Order (CBO) typically given?

A

after conviction

48
Q

what must be proven to the criminal standard to obtain a CBO?

A

the CBO will prevent behaviour causing harassment/alarm/distress

49
Q

What requirements must a CBO include regarding behaviour change?

A

must have a timescale to demonstrate a change in behaviour

50
Q

what permission is required before applying for a CBO from the CPS?

A

permission from YOT

51
Q

what is the maximum penalty for breaching a CBO?

A

6 months of custody

52
Q

are reporting restrictions mandatory for a CBO?

A

no they are optional

53
Q

What types of sentences may be included when sentencing youth?

A

discharge and fines

54
Q

are they special sentences available for youth?

A

yes

55
Q

what is the mandatory sentence for murder?

A

life imprisonment

56
Q

what are referral order, and when are they used?

A

maintain restorative option, and are mandatory for first offence if the youth pleads guilty and optional in subsequent offences

57
Q

what is a detention and training order?

A

a sentence for youth offenders that combines detention and training

58
Q

what are the main goals of youth rehabilitation order?

A

provide punishment, public protection, reducing re-offending and reparation

59
Q

how long can youth rehabilitation orders last?

A

3 years

60
Q

What additional requirements may be imposed for persistent offenders aged 12-15?

A

intensive Supervision and Surveillance for 90-180 days such as curfews

61
Q

What is a key condition regarding the requirements of the Youth Rehabilitation Order?

A

must not be so onerous as to make breach inevitable

62
Q

What is the fostering requirement in a Youth Rehabilitation Order?

A

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

63
Q

What is the Detention and Training Order considered in the context of youth sentencing

A

a measure of last resort

64
Q

Who is not applicable for a Detention and Training Order?

A

this aged 10-12, persistent offenders aged 12-14, only used for those 145-18 if no other sentence is sufficient

65
Q

What is the duration of a Detention and Training Order?

A

at least 4 months but under 24 months

66
Q

Where do youths serve their time under a Detention and Training Order?

A

first half in secure training unit if under 14, and in YOIs if over 15, other half is in the community supervised by YOT

67
Q

How does the duration of a Detention and Training Order compare to an adult sentence?

A

it is 2/3 of an adult sentence

68
Q

What is long-term detention under the Crown Court?

A

sentence imposed under section 250 of the Sentencing Code for serious offences

69
Q

What criteria must be met for an extended sentence of detention or detention for life?

A

dangerousness criteria

70
Q

what does ‘detention at his majesty’s pleasure’ refer to?

A

applied to murder, allowing for indefinite detention

71
Q

what is the special sentence of detention for terrorist offenders?

A

required special sentence under section 252A of the sentencing code

legal and criminal justice systems (18 decks)

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