This document provides an overview of youth crime and the youth justice system. It discusses key concepts like the age of criminal responsibility, the welfare vs. justice models, and landmark moments that have shaped youth justice policy. It also examines how youth crime has been portrayed in media from romanticization to moral panics. The youth justice process is outlined from community resolutions to court orders and potential custody for serious or repeat offenses.

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Violently & sexually offending
young people
Session 1. An Introduction to
Youth Crime and Youth Justice
22 slides
John Clark

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Course handbook - Read it!
 Timetable & dates
 Assignment timetable
 Hand in date
 Guidance, referencing etc

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Contacting John
John is a part-time tutor & only on
campus at times of teaching.
Use this e-mail address:
 John.clark@leeds.gov.uk

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Did you ever …
 Steal from a shop?
 Get involved in a fight?
 Buy alcohol underage?
 Tell your parents you would be staying in one place … and then stay
somewhere else?
 Hit someone?
 Use a telephone without permission?
 Use a television without a licence?
 Drive faster than the speed limit?
 Start a fire
 Damage someone else’s property?
 Catch a train or bus without paying?
 Hang around in a group on the streets?
 Get drunk and rowdy in public?
 Try to get money back on something having used it?

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What do we mean by Youth Crime?
 Age; gender; class etc
 Age of criminal responsibility
 Doli Incapax
 Justice / Welfare pendulum
 Key Moments
 Romanticisation of crime
 Demonisation & Moral Panics

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15Iceland
14Hungary
12Greece
14Germany
13France
15Finland
15Denmark
14Cyprus
14Bulgaria
18Belgium
14Austria
16Andorra
10
England, Wales,
N. Ireland
12Turkey
8 (12)Scotland
7Switzerland
15Sweden
16Spain
16Portugal
16Poland
15Norway
12Netherlands
18Luxembourg
14Italy
12Ireland

7. Civil regulation, rights & responsibilities
Age 5 Drink alcohol in private
Age 8 Be held responsible for a crime in Scotland
Age 10 Be held responsible for a crime in England, Wales & N.I.
Taken into protective custody of intensive fostering
Be sent to a secure unit for grave/serious crimes
Age 12 Be held in a Secure Training Centre or Own a pet
Age 13 Have a part time job (with conditions)
Age 15 Be sent to a YOI
Age 16 Pay taxes / Consent to sexual intercourse
Engage in a homosexual relationship / Leave home/Marry
Leave school / Get full time job / Join army / Buy a lottery ticket
Buy aerosol paint
Age 17 Drive a car / Pilot a plane / Emigrate
Age 18 Vote / Serve on a jury / Buy alcohol / Buy tobacco / Buy a knife
Marry without consent / Be tried in a magistrates court
Get a tattoo / Place a Bet /Buy fireworks / Be entitled to the lower rate of the
national minimum wage /Buy an airgun or replica
Age 21 Adopt a child / become an MP
Age 22 Entitled to adult rate of national minimum wage
From John Muncie, Youth & Crime 2009
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Age; gender; class etc
 Age of criminal responsibility is 10 & can
be tried in an adult Court
 Become an adult in the eyes of the court
at 18 (or 17 for bail & remand purposes)
 More boys than girls … why??
 Need to consider social class in terms of
crime

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Age of criminal responsibility
 In England and Wales the ACR is 10
 One of the lowest in Europe
 Strong negative public reaction to
suggestions of increasing age

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Doli Incapax
 The assumption that a child below the age
of 14 could not form the “mens rea”
(criminal intent) to commit a crime
 The burden was on the prosecution to
prove intent
 Presumption was reversed in the Crime
and Disorder Act 1998

11. Youth Justice System 10-18 Years

12. Youth Justice System (10 – 18 ) Flowchart (summary
Please note that offences of assault against or between children must be
disclosed on a CRB/DBS application, always have to be declared subsequently and
& can result in being unable to embark on courses or take up work with children or
other vulnerable groups
Incident/ Offence if fully admitted (& not so serious as to warrant prosecution)
can result in:
A Community (restorative) resolution which can be administered pre or post arrest at Police
discretion.
A further offence of sufficient seriousness to warrant formal processing can result in a:
CAUTION administered by Police & recorded.
Any further offence or 1st
offence if serious (if fully admitted & not so serious etc) will result in:
CONDITIONAL CAUTION (Police decision, recorded & citable in Court on future occasions +
referral to YOS for assessment & action)

Further offending will result in:
PROSECUTION IN COURT (This will lead to one of the following court orders or interventions)
Referral Order (between 3 and 12 months for first offence in Court if admitted & not serious enough
to merit Custody, can be extended but not repeated unless exceptional circumstances)
Reparation Order (max 24hrs within 3 months)
Fines, Discharges, Compensation Order & Deferred Sentence for less serious offences
12

13.  Subsequent offending is likely to result in a Youth Rehabilitation Order (no
minimum period and up to 36 months. Can be used more than once and based on
seriousness of offence & risk)
 And which could contain:
 Reparation, attendance centre, supervision, unpaid work (for 16 & 17 only),
mentoring, education, family intervention.
 Other control elements could include:
 Prohibited activity, curfew, exclusion, drug testing/treatment, residence and
electronic monitoring, Intensive fostering & intensive supervision &
surveillance.
 Serious & repeat offending can result in custody
 Detention & Training Order (Custody for up to two years for 12-17 yr olds)
 Intermediate and extended public protection
 Section 90/91 ( Crown Court custody & only for the most serious offences)
 Civil Anti-social behaviour measures include Acceptable Behaviour Contracts,
Individual Support Orders & Anti-Social Behaviour Orders. Breach of ASBOs can
result in Custody
John Clark RJ/YOS 2013
13

14. A social comment on the lawlessness that prevailed in 1856 John Clark
2008
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The Welfare / Justice Pendulum
Restoration
Justice Welfare

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Justice model
 You make a choice to offend
 Antecedents are irrelevant
 A retributive system, “do the crime … do
the time” “just desserts”
 Punishment needs to act as a deterrent to
others

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Welfare & rehabilitation model
 Antecedents are all important
 Crime is a symptom of an illness – in
either an individual or society as a whole
 Criminal behaviour needs to be
understood and treated

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Youth Justice / Child welfare Continuum?
WELFARE JUSTICE
WELFARE JUSTICE
OR

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Restorative model
 Views an ‘offence’ as an incident, a violation
of social bonds
 Is inclusive
 Seeks to repair harm & restore balance

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Key Moments
 1993 – Murder of James Bulger in
Liverpool
 1996 – Misspent Youth report
 1997 – New Labour elected
 1998 – Crime and Disorder Act
 The “growth” in antisocial behaviour
 The increased politicisation of Youth
Crime

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Romanticisation of crime
 Dickens’ Artful dodger (street robbery)
 Loveable rogues (Violence, theft)
 Just William (ASBO fodder!)
 Mr Toad (TWOC, DWD, escape from
custody)
 Life on Mars (Pre-PACE!!!)
 Hatton Gdn burglary?

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Demonisation and Moral Panics
 Youth culture – “normal” behaviour?
 Historical issue – ‘twas ever thus?
 Demonisation of Young People
 Children learn from adults?
 Moral Panics
 Adults vs. Children
 Provision for Young People