Evaluation Of Youth Justice

This article discusses the youth justice system in Wales and England, its historical background, objectives, and the role of various agencies in preventing and addressing youth offending. It also highlights the importance of considering the welfare of young offenders and the international conventions that protect the rights of children in the justice system.

Evaluation Of Youth
Justice

Table of Contents
INTRODUCTION ..........................................................................................................................3
MAIN BODY...................................................................................................................................3
CONCLUSION ...............................................................................................................................6
REFERENCES................................................................................................................................7

INTRODUCTION
From early decades Wales and England had been responsible for detaining huge number
of children in the custody in comparison with any other country. Current youth justice system
used to convict, punish and prosecute persons under 18 years of age who are responsible for
committing criminal offences. The objective of the system is prevent young persons and
children. With the increase in demand for justice services has charged and police officials and
the young offending personal has rightly gained more attention to deal with minor offending.
These services focused on dealing with those children who remain in the most difficult situation
to rehabilitate. The basic principle that underlined youth justice system is treat those who are
involved in risk of offending or one with offending behaviour at children (Abrams, Jordan and
Montero, 2018). The legislations where established in line with United Nation Convention on the
Rights of the children which aims at ensuring rights and obligations that are mentioned within its
framework. The youth justice system looks after the welfare services like housing, education,
social services and health of juveniles and also provide rehabilitation guidelines.
MAIN BODY
In the beginning of 18 century no category of young offender or juvenile delinquency and
the practice of penal system worked to focus on differentiation between children and adults. At
the age of seven year a child was deemed to be fully capable to understand the law and exposed
them to penalties as adults. The era of 19 century arose the need for social reforms and child
saving initiatives were taken. May philanthropists focus there concerned on conditions of poor
children and on establishing the difference between dangerous and criminal class. In a nutshell
there was the need to protect children but on the same time to pay equal attention on victim
threat dualism. Similar concerns was undertaken by the committee for investigating juvenile
delinquency in Metropolis in 1815 and further concluded to establish distinctive responses for
retributive and punitive reactions for dealing with young offenders (Bailleau and Cartuyvels,
2010). In year 1817, reformation of juvenile offenders and prison discipline argued the need for
separation of juvenile from adults counterparts. Therefore the series of initiatives gave rise to
frame legislation for child together with young specific institutions and courts. Reformist liberal
government established a statutory legislation which was known as Children act, for providing
jurisdiction and welfare policies to delinquent. In 1998 Crime and Disorder Act aimed at

establishing youth justice system for which Young Offending Terms (YOT) were first
implemented in guidance with Inter- departmental Circular. With the introduction of YOT
government commenced to legislate and improve criminal justice policy to protect young people.
The objectives of the which to reduce anti social behaviour and to promote restorative justice.
YOT mainly supervise children under 10-18 age group and provide assistance to sector like
National Standards for Youth Justice. Increasing political and social tensions after Second World
War raised concerns for established of small local authorities such as YOT to make intervention
plans to reflect young persons view and also ensure that they are protected from legislation and
strict judicial proceedings. It is evident from current trend that significant changes are made in
their working profile and youth justice system has fallen from a peak of 110,801 in 2007 from
18,263 by the end of March 2015. Thus the decade 20th century laid down the foundation and
architecture of youth justice system. (Case and Haines, 2015)
The aim of the youth justice system seeks to prevent offending young people and children
and the legal system must focus on the welfare of the offender. It includes many agencies which
are working together such as the prison services, courts and police. Many international
conventions covers wide rage of obligations that emphasise on avoiding criminalisation and
focus on promoting child's re-integration in society. This objective must be achieved without
facing any judicial proceedings. The primary aim of the legislation and executive officials is to
consider the welfare of the children when they are accused. Crime and Disorder Act 1998 is the
statutory body that aim at providing youth justice. Section 37 of the act state that basic aim of
justice system is to prevent offending children and youth and in addition to this it is the duty of
every individual and body to carry out its function in regard with aim of the act. The act also
focuses on six objectives which aims to reduce offending by young people which are detailed as
follows:
 Punishments must be proportionate up to the seriousness of offending.
 Smooth administration of justice.
 Aid in developing sense of personal responsibility.
 Strengthening the obligation of parents.
Section 44 of Children and Young Persons Act, 1933 states general consideration which
every court in dealing with young person or child must consider while imparting justice. It is the

primary duty of the judicial bodies to to take proper steps for removing the young offender from
undesirable surroundings and also to secure with proper provisions to deal with their training and
education. The United Nations Convention on the Rights of the Child (UNRC) also sets out as
global concern to in fulfilling the aim and objectives to protect certain rights of children. The UK
courts often refer to UNCRC guidelines while interpreting obligations that are imposed by
legislations or human rights when they deal cases minors. The Youth Justice Board has moved
with the responsibility to provide aid to young justice sector in England and Wales. It established
justice system for youth which not only aims to guide the board but also to youth justice
community as whole (Case, 2018). The fundamental aim of the system is to provide safety and
well-being of the minors, reduce the number of children from the system, focus on reducing the
cases which relates to the re-offending of children and to improve the outcomes when a minor is
dealt under youth justice system. The objectives needs collaboration with Welsh, English
government and local authorities so that they can be achieved at wider level. The current of
sociological criminology and criminal justice system is to understand offence and its control
from the past and present so that it contributes to a fair and more rational criminal justice policy
system.
The court system framework focus at national level to combat with the cases of youth
justice system. When a minors is charged with an offence they are produced before the youth
court to take action (Goldson, 2010). When the case does not required an immediate relief, bail
or remand custody is ordered. When minors pleads not guilty a date is set out when the trail
begins and the magistrate hear all the arguments and evidences to determine the guilt or
innocence of the minor. The offences involving people up to the age of 18 years are governed by
the adult magistrate court. The youth court while considering the offenders often look at there
needs and wishes and youth offending team also intervene while determining the sentencing
process. The court also focuses on non custodial disposals while dealing with the cases of anti
social behaviours and give power to police officials and local authority in proving justice to
early age criminals. There are several international instruments that deals with rights of the
children in respect to criminal proceedings. The UN convention on Right of the Child states
under Article 3(1) that all acts concerning the child whether taken by private or public welfare
institutions or legislative bodies the interest of the child must be at primary consideration. Other
instruments which deals with juvenile justice system includes:

 The UN Rules for protection of juveniles who are deprived with their liberty.
 The UN guidelines which aims at prevention of Child Delinquency (Gray, 2013).
 The UN Standard Minimum Rules to provide administration of Juvenile Justice.
In England and Wales young people and children are sentenced to three types of
establishment for their inspection and regulations. These are:
 Secure Training Centres (STCs): They primary focus on providing treatment to the
children who are in custody. These are mainly run by private companies.
 Young Offender Institutions (YOIs): These include child prisoners from 15 years of age
including young adults within their ambit. These are prison service establishments which
are often run by private companies.
 Local authority children's homes: Younger children and particularly vulnerable are
governed under these centres. Juveniles who are in need or care and secure
accommodation are kept with these local authorities.
The Crime and Disorder Act, 1998 established Youth Justice Body which is a non
departmental public body that deals with youth justice system in Wales and England at national
level. Its primary responsibility includes giving advice to secretory of states regarding the
operations and improvements in imparting justice (Stephenson, Giller and Brown, 2010). The
body also provide assistance relating to information technology for inspection and regulating
operations for youth justice system.
The framework of youth justice system was responsible for increasing sense of
unsystematic governance at local level. Absence of authorities at lower level to take the
responsibility of children who were involved in the crimes were major lacunas on which focuses
were to be laid down. Anti social behaviour of the minors were causing widespread problems in
the communities. The crime and Disorder Act 1998 introduced requirement at all local
authorities to build a Young Offending Team (YOT) which included social services, health,
probation, education and police within its ambit. It specifies that YOT must aims at:
 Monitor young people and children who are serving a community sentence.
 Supervise minors when they are released from the custody.
 Provide assistance to police in out of court settlement and arrange presence of adults
during police interrogation.

 Assistance in providing information which are required by court while dealing against
children and young people.
The model was designed with the aim to bring different agencies together that were the
main contributors for preventing crime within society at local level. Membership at YOT
included senior leaders to oversee the its performance and operations. Due to these reforming
policies much progress was gained which was not seen before. At present scenario police
officials and social workers are working at the same desk to support most damaging and
challenging children in their communities (Marshall, 1996).

CONCLUSION
The project outlined the historical, theoretical and political influence which had laid
down the requirements to establish Youth Justice system. Early scenario serves as the need to
reform the present policies that lacks in providing appropriate concern on young children. The
policies of past are the evidence of complex and challenging attitudes that juveniles face during
judicial proceedings. Project further provide the aim and objective of current youth system which
focus its fundamental concern on anti social behaviour of young people. Also structure of Youth
Justice system and internation UN convention on the right of child which states the primary
concern of local, public and private actors to deal with the best interest of the child. Thus
legislators and judicial proceeding must practice a balance approach in provide justice to young
offenders and adults.

REFERENCES
Abrams, L.S., Jordan, S.P. and Montero, L.A., 2018. What is a juvenile? A cross-national
comparison of youth justice systems. Youth justice. 18(2). pp.111-130.
Bailleau, F. and Cartuyvels, Y. eds., 2010. The criminalisation of youth: Juvenile justice in
Europe, Turkey and Canada. ASP/VUBPRESS/UPA.
Case, S. and Haines, K., 2015. Children first, offenders second: The centrality of engagement in
positive youth justice. The Howard Journal of Criminal Justice. 54(2). pp.157-175.
Case, S., 2018. Youth justice: A critical introduction. Routledge.
Goldson, B., 2010. The sleep of (criminological) reason: Knowledge—policy rupture and New
Labour’s youth justice legacy. Criminology & Criminal Justice. 10(2). pp.155-178.
Gray, P., 2013. Assemblages of penal governance, social justice and youth justice
partnerships. Theoretical Criminology. 17(4). pp.517-534.
Marshall, T.F., 1996. The evolution of restorative justice in Britain. European Journal on
Criminal Policy and Research. 4(4). pp.21-43.
Stephenson, M., Giller, H. and Brown, S., 2010. Effective practice in youth justice. Routledge.