By Raymond Arthur
How does the legislation take care of younger offenders, and to what volume does the legislation defend and advertise the rights of teens in clash with the legislations? those are the vital concerns addressed by means of younger Offenders and the legislations in its exam of the criminal reaction to the phenomenon of adlescent offending, and the modern forces that form the legislations. This booklet develops the reader’s realizing of the sociological, criminological, historic, political, and philosophical techniques to formative years offending in England and Wales, and likewise provides a comparative evaluation of advancements in different jurisdictions. It offers a finished severe research of the legislative and coverage framework presently governing the operation of the adolescence justice process in England and Wales, and evaluates the reaction of the criminal process in mild of contemporary legislative framework and foreign most sensible perform. All features of trial and pre-trial method affecting younger offenders are coated, together with: the age of legal accountability, police powers, trial technique, including the whole variety of detention amenities and non-custodial techniques. younger Offenders and the legislations presents, for the 1st time, a chief resource of reference on early life offending. it really is a necessary textual content for undergraduate and postgraduate scholars of legislations, Criminology, and legal Justice experiences.
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Additional info for Young Offenders and the Law: How the Law Responds to Youth Offending
The youth offender panel includes lay members from the community and one member of a local youth offending team. The YOP provides a forum where the young offender, members of his family and, if appropriate, the victim can consider the circumstances surrounding the offence and the effect on the victim. The youth offender panel then establishes a ‘programme of behaviour’ with the young offender to address his offending behaviour which the child will be obliged to observe. The programme of behaviour can include: financial or other reparation to the victim; mediation with the victim; unpaid work or service in the community; attendance at school, educational establishment or work; participation in specified activities such as alcohol or drug treatment, counselling, courses addressing offending behaviour; or education or training.
Article 40 requires states to promote the ‘dignity and worth’ of any child alleged, accused or recognised as having committed a criminal offence. 2 stresses the idea that the state should ensure a productive life for young people within the community such as to encourage in them a process of personal development and education ‘during that period in life when she or he is most susceptible to deviant behaviour’. 1 requires that the age of criminal responsibility not to be set at too low an age level.
The Youth Justice and Criminal Evidence Act 1999 introduced the referral order as a new primary sentencing disposal for 10–17 year olds pleading guilty and convicted for the first time. The disposal involves referring the young offender to a youth offender panel (YOP). The youth offender panel includes lay members from the community and one member of a local youth offending team. The YOP provides a forum where the young offender, members of his family and, if appropriate, the victim can consider the circumstances surrounding the offence and the effect on the victim.
Young Offenders and the Law: How the Law Responds to Youth Offending by Raymond Arthur