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Unlock This CourseYoung offenders are treated differently from adults in the UK criminal justice system. This is based on the understanding that children and young people are still developing, both mentally and emotionally and may have different reasons for committing crimes compared to adults.
Key Definitions:
The youth justice system in England and Wales aims to prevent offending by children and young people. It operates separately from the adult system, with different courts, sentences and institutions.
These are specially designed courts for 10-17 year olds. They are less formal than adult courts, don't allow public access and protect the identity of young people. Cases are heard by specially trained magistrates or a district judge.
These are multi-agency teams including social workers, police, probation officers, health and education professionals. They assess young offenders, run intervention programmes and supervise community sentences.
There are two main approaches to dealing with young offenders, which often exist in tension with each other:
Focuses on the needs of the young person and addressing the underlying causes of their offending. Views young offenders as children in need of support rather than punishment.
Emphasises personal responsibility and appropriate punishment for crimes. Focuses more on the offence than the offender's background or circumstances.
Brings together the offender and victim to repair harm. The offender acknowledges the impact of their crime and makes amends, while the victim has a chance to be heard.
Courts have a range of options when sentencing young offenders, from community-based interventions to custody in serious cases.
Most young offenders receive community sentences rather than custody. These can include:
Custody is used as a last resort for young offenders, usually for serious crimes or persistent offending. There are three main types of secure facilities:
For the youngest and most vulnerable offenders. They have high staff-to-young person ratios and focus on education and addressing emotional and behavioural problems.
For 12-17 year olds who are too vulnerable for Young Offender Institutions. They provide education and training and are run by private companies.
Young Offender Institutions (YOIs): Prison-like facilities for 15-17 year olds, run by the Prison Service. They have lower staff ratios than other secure facilities and have been criticised for their conditions.
The Youth Justice Board (YJB) was established in 1998 as part of major reforms to youth justice in England and Wales. It oversees the youth justice system, advises the government on youth justice issues and monitors the performance of Youth Offending Teams. The YJB aims to prevent offending by children and young people and ensure custody is safe and addresses the causes of offending behaviour.
In recent years, the YJB has promoted a "child first" approach, recognising that young offenders are children first and offenders second. This represents a shift back towards welfare principles after a period of more punitive approaches.
Many sociologists argue that preventing youth crime is more effective than dealing with it after it happens. Early intervention programmes target children at risk of offending and aim to address factors that might lead to criminal behaviour.
Research has identified several factors that increase the likelihood of young people offending:
For minor offences, young people may be diverted away from the formal youth justice system. This can involve:
Research suggests that drawing young people into the formal justice system can actually increase their likelihood of reoffending – a process known as "labelling" or "criminalisation".
In 2017, David Lammy MP published an independent review into the treatment of Black, Asian and Minority Ethnic (BAME) individuals in the criminal justice system. The review found that BAME young offenders were disproportionately represented in the youth justice system.
For example, BAME young people made up 45% of the youth custody population, despite being only 18% of the general youth population. The review highlighted issues of unconscious bias, lack of trust in the system and the need for greater diversity among decision-makers in the justice system.
Different countries take varying approaches to youth justice:
Many sociologists argue that the UK could learn from these more welfare-oriented approaches, which often have lower youth custody rates and reoffending rates.
The treatment of young offenders in the UK attempts to balance welfare and justice approaches. While there have been positive developments in recent years, such as falling youth custody numbers, challenges remain in addressing the underlying causes of youth crime and ensuring the system treats all young people fairly.
The most effective approaches seem to be those that: