El model integrat de justícia juvenil al Regne Unit. Robert Canton


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VII Jornada de Medi Obert de Justícia Juvenil, que va tenir lloc al Centre d'Estudis Jurídics i Formació Especialitzada el 4 d'octubre de 2012

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El model integrat de justícia juvenil al Regne Unit. Robert Canton

  1. 1. VII Jornada de Medi Obert de JustíciaJuvenil Justícia Juvenil a Inglaterra i Gales Rob Canton (De Montfort University, Leicester, England) Barcelona, 4 d’octubre de 2012Avís legalAquesta obra està subjecta a una llicència Reconeixement 3.0 de Creative Commons. Senpermet la reproducció, la distribució, la comunicació pública i la transformació per generaruna obra derivada, sense cap restricció sempre que sen citi el titular dels drets (Generalitatde Catalunya. Departament de Justícia). La llicència completa es pot consultar ahttp://creativecommons.org/licenses/by/3.0/es/legalcode.ca.
  2. 2. Juvenile Justice in England and Wales:Theory and Policy Context Rob Canton
  3. 3. Young offenders Are young offenders children and young people who need understanding, patience, help and welfare ? Or are they young offenders – out of control and a threat? Are they often both? 3
  4. 4. Anti-social behaviour Estimates that there are more than 5 million incidents of anti- social behaviour But 15 years ago we didn’t bother to count them Anti-Social Behaviour Order (ASBO) introduced as a fast response to low level misbehaviour Criminalising problem behaviour and encouraging intolerance 4
  5. 5. 5
  6. 6. Care or Punishment and Control: Thepolitics of criminal justice Crime is a very central political topic Young people commit a large proportion of crime Politicians are keen to guard against any accusation that they are “soft on crime” But we should oppose the idea that being tough leads to less crime 6
  7. 7. Age – Crime Curve 7
  8. 8. Factors associated with offending by youngpeople Individual factors (e.g. low intelligence, hyperactivity, risk-taking, low empathy) Family factors (e.g. poor parenting, harsh discipline, child abuse or neglect, parental conflict, criminal parents or siblings) Socio-economic factors (e.g. low family income, poor housing) Peer factors (e.g. delinquent peers, peer rejection) School factors Neighbourhood factors (e.g. living in a deprived, high crime neighbourhood). 8
  9. 9. Early intervention – or minimumintervention? Since so many of these factors have their influence from early childhood, should the state be looking to intervene early? Can we identify the right people who need this early intervention? … or is it better to keep young people out of the criminal justice for as long as possible ? Growing out of crime But some people will not grow out of crime – or will commit lots of crimes before they do 9
  10. 10. Resilience Many young people have lots of these problems … But still do not go on to offend This has prompted research into protective factors or resilience Parallels with desistance research which asks (not Why do people offend?, but) How do people come to stop offending? 10
  11. 11. AssessmentRNR: • Risks • Needs (especially needs associated with offending) • Right approach (different people learn in different ways)but also: Strengths Aspirations Obstacles to desistance (including needs not directly crime-related) Motivation Interventions / resources that might be made available
  12. 12. Agencies working togetherSince crime seems to be linked with somany factors, prevention and responserequire the involvement of severalagencies working together 12
  13. 13. Youth Offending Teams Youth Offending Teams include staff from police, social work, probation, health and education services The skills and resources of these agencies can achieve much more together than they could alone Many links are obvious – for example, not going to school can lead to crime; drug use is associated with health risks and problems 13
  14. 14. Youth Offending TeamsTasks and responsibilities1. Assessment and intervention work2. Bail support and supervision3. Services for placing young people on remand (waiting to go to court)4. Pre-sentence reports5. Supervising young people on court orders6. Work with young people in custody and after their release 14
  15. 15. Sentencing Guidelines Council:General approach Offence seriousness is the starting point for sentencing Sentence must be in proportion to this When sentencing an offender aged under 18, a court must have regard to:a) the principal aim of the youth justice system (to prevent offending by children and young persons); andb) the welfare of the offender. 15
  16. 16. General Approach“In addition to the statutory provisions, acourt sentencing a young offender must beaware of obligations under a range ofinternational conventions which emphasisethe importance of avoiding ‘criminalisation’of young people whilst ensuring that theyare held responsible for their actions and,where possible, take part in repairing thedamage that they have caused.” 16
  17. 17. Sentencing Guidelines CouncilKey elements in determining sentence age of the offender (chronological / emotional) the seriousness of the offence, the likelihood of further offences the extent of harm likely from any further offences. The approach to sentence will be individualisticProper regard should be had to the mental health and capability of the youngperson, and to any learning disability, learning difficulty, speech and languagedifficulty or other disorder… 17
  18. 18. Pre-Sentence Report To help the Court to decide on the most suitable sentence Written by a member of the Youth Offending Team Individual background and circumstances Discussion of the offence Assessment of risks – especially risks of further offending - and needs linked with these risks Conclusion (which usually includes a discussion of the likely effects of the sentences the Court may be considering) 18
  19. 19. Structured Assessment OASys – ASSET Tightly linked with ideas of ‘what works’ and the Risk, Needs, Responsibilities (RNR) model 19
  20. 20. Relationship Research shows that helping people to change needs skills of relationship and mutual trust Need to gain and work with the individual’s consent Key professional skill for everyone who works with young people
  21. 21. Youth Justice in England – a CritiqueThe current system is failing: 72% of young peoplereleased from custody are reconvicted within a year(Ministry of Justice, 2011)Values must change: children are children first andforemost. It is important to separate who they are fromwhat they have done.The age of criminal responsibility should be raised.England has been criticised by the United NationsCommittee on the Rights of the Child (UNCRC) for theyoung age (10).Of all the interventions for children, imprisonment is themost damaging and least effective. The use of custodyshould be reserved for the very few children who committhe most serious and violent offences.
  22. 22. The Council of EuropeSets standards – based on the EuropeanConvention on Human RightsInspects (for example, the Committee forthe Prevention of Torture)Enables cooperation and development
  23. 23. The need for Rules Council of Europe wants to promoteconsistency and continuity across Europe This includes developing good practice – forexample, sound assessment and effectiveprogrammes to try to change young people’sbehaviour Founded on agreed ethical principles Youth justice needs to be better understoodby Judiciary and Prosecutors
  24. 24. International European Rules for juvenile offenders subject to sanctions or measures (see http://snipurl.com/23pdjvy)“All juvenile justice and welfare systems are basedon the principles of social integration and education.This leaves a much lesser place, and in somecountries no place at all, for the principle of generaldeterrence or other (more punitive) aims that are afeature of the criminal justice system for adults.”
  25. 25. European Rules for juvenile offenders Rules set out the implications of the European Human Rights Convention for the organisation, policies and practice of probation agencies Expectation that countries will implement the Rules and promote training on them Rules have implications for practitioners and managers … … and also for Judges and Prosecutors in their daily practice
  26. 26. Rules Scope and definition Community sanctions and measures, legal framework, conditions of implementation and consequences of non-compliance Deprivation of liberty(including institutional structure, placement, admission, accommodation, hygiene and health) Foreign nationals, ethnic and linguistic minorities, juveniles with disabilities. 26
  27. 27. More Rules Legal advice, complaints procedures and monitoring Staff, including their training Evaluation, research, work with the media and the public 27
  28. 28. Diversity and IndividualisationRules make explicit reference to the need to respectdiversity and to avoid discriminationDiversity principle: the many ways in which people aredifferent – and also alikeSanctions should be based on the best interests of theyoung person - an individual decision, taking into accountage, physical and mental well-being, development,capacities and personal circumstancesOften court reports can give this informationPolicies often refer to the importance of rigorousassessment of the risks posed by the individual – but alsothe risks to them, as young people who are oftenvulnerable
  29. 29. Basic Principle #6: “In order to adapt theimplementation of sanctions andmeasures to the particular circumstancesof each case the authorities responsiblefor the implementation shall have asufficient degree of discretion withoutleading to serious inequality oftreatment.” 29
  30. 30. How should agency policy deal with this?What can be done to make sure that theexercise of discretion does not lead tounfairness? 30
  31. 31. Cooperation and active participation ofoffender Rules encourage staff to try to gain the active participation and co-operation of offenders And involvement of the family Supervision is not just monitoring and control Assistance, guidance, encouragement Relationships are key in motivating and supporting change
  32. 32. Rule # 31.2. “Juveniles shall beencouraged to discuss matters relating tothe implementation of communitysanctions and measures and tocommunicate individually or collectivelywith the authorities about thesematters.” 32
  33. 33. How should agencies encourage this?What opportunities are given to youngpeople to express their views about theirdealings with the agency? Are there clearprocedures in place? Are any suchprocedures genuinely accessible to allservice users? 33
  34. 34. Multi- Agency workingThe Juvenile Rules refer to multi-disciplinary and inter-agency approaches…Emphasising the importance ofapproaches that promote social inclusionand social integrationYouth justice services cannot work inisolation
  35. 35. Mutual respectUnderstanding Managers and practitionersCommunicationOrganisation
  36. 36. QuestionsWhat are the main differences between the approach toyoung offenders in England and in Catalonia?In general should courts think more about care or aboutcontrol when sentencing young offenders?Are principles of restorative justice important in workingwith young offenders?Are there ways in which parents can be helped to bebetter parents?What is the most important thing that England might beable to learn from Catalonia?What is the most important thing that Catalonia mightbe able to learn from England?