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Between a Rock and a Hard Place The Interface between the Childrens Hearing and Criminal Justice Sys


The Interface between the Children's Hearing and Criminal ... sense of fatalism. minimisation of responsibility. discover' agency (the ability to make choices) ... – PowerPoint PPT presentation

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Title: Between a Rock and a Hard Place The Interface between the Childrens Hearing and Criminal Justice Sys

Between a Rock and a Hard Place The Interface
between the Childrens Hearing and Criminal
Justice System in ScotlandBill Whyte
Youth Justicespecial responses to children
and young people equal rights under the law.
law, judicial process, community safety and
punishment vsthe best interests and the rights
of the child or young person
UN Convention on the Rights
of the Child, 1989European Rules for Juvenile
Offenders subject to sanctions or measures
CM/Rec (2008)11.

Juvenile under 18, Young Adult -
18-21 best interests principle Principle of
individualisation -age, physical, mental
development, capacities and personal
circumstances Principle of proportionality
-gravity of offenceDeprivation of liberty as a
last resort Effective participation
Mobilising family Multi-disciplinary and
multi-agency approachYoung adult offenders
(18-21) may be regarded as juveniles Lack of
resources .. never justify the infringement of
rights Wide range of community measures at all
stages Educational impact..and the enhancement
of social skills .

Twin Track Diversion, community
disposals and alternatives to custody Tackling
offending behaviour among young people is a
central part of tackling crime as a whole and the
childrens hearing has a vital role within this
process (para. 7.8). there are among this
group young offenders who are immature and for
whom a programme of care and supervision under
existing powers through the hearing system might
be a more effective way of changing their
behaviour and reducing the risk of future
offending (1993 para 7.29) .
  • National
  • Because of their lack of maturity or particular
    factors in their social background and experience
    of life it may be preferable to continue to deal
    with some 16 and 17 year old offenders in the
    children's hearings and to make greater use of
    the opportunities for doing this which are
    contained in the current legislation. ...
    Experience has shown a tendency for offenders in
    this category to progress fairly rapidly to
    custody once they enter the criminal justice
  • (SWSG, 1991 General Issues para 134)
Offender Management Programme Board
Offender Management Programme Office
Youth Justice Strategic Group
Managing High Risk / Transitions
Prevention Early Effective Intervention Victims
Community Confidence Planning and Performance
Pre-Disposal Effective Community
Disposals Custodial Sentence Management Community
Community Alternatives to custody Information
systems Diversion from Formal Measures Learning
from Youth Courts Risk Assessment and Management
  • 70 - 80 of 16 to 20 year olds released from
    custody are reconvicted within 2 years
  • 45 receive further custodial sentences.
  • routinely deal with 16 and 17 year olds in the
    adult criminal justice system.
  • approx 9-10,000 convictions annually
  • 9 conviction by 19 (McAra and McVie, 2007)
  • prosecution ?has no beneficial effect in
    preventing re-offending early criminalisation is
    one of the best predictors of sustained
    criminality ? (Kemp et al 2000).
  • Poverty and
  • Approx 50 in prison previously known to care
  • 13 times more likely to have been in care as a
  • 10 times more likely to have been a regular
    truant from school
  • 13 times more likely to be unemployed
  • 2.5 times more likely to have a family member who
    has been convicted of a criminal offence 6 times
    more likely to have been a young father
  • 15 times more likely to be HIV positive
  • 80 had the writing skills, 65 the numeracy
    skills and 50 the reading skills of an
  • (Social Exclusion Unit, 2002).
  • Poverty and
  • 70 of young people have substance misuse issues
    on admission to prison
  • 70 of these young people also have difficulties
    with literacy and numeracy
  • 25 of these young people have communication
  • 50 of prisoners in Barlinnie prison on the night
    of 30 June 2003 came from home addresses in just
    155 of the 1,222 local government wards (Houchin
  • Developing better integrated processes and
    services across childrens and adults provision
  • increasing opportunities for diversion from
    formal measures targeted at young people
  • increasing opportunities for community
    alternatives to custodial sentences designed for
    young people
Children First?
(Kilbrandon/UNCRC) crime, individual
responsibility and punishment vs welfare, shared
responsibility , best interests Rehabilitation
of Offenders Act, 1974 S 3 offence ground deemed
a conviction few remits from summary courts in
all actions concerning children, whether
undertaken by public or private social welfare
institutions, courts of law, administrative
authorities or legislative bodies, the best
interests of the child shall be a primary
consideration. Art 3 UNCRC
  • UN Convention on the Rights of the Child
  • Beijing Rules, 1985
    -well being of the young
  • Standard Min Rules for the
    -emotional, mental intellectual maturity
  • Admin of Juvenile Justice
  • extra judicial approaches
  • avoidance of deprivation of liberty
  • right to representation
  • Riyadh Guidelines, 1990
    - early intervention - shared
  • Directing Principles for Prevention
    multi disciplinary responses
  • Havana Rules, 1990
    -role of prosecutors
    and diversion
  • Rules for the Prevention of Juveniles Deprived of
  • Tokyo Rules 1990
    custodial measures
  • Standard Minimum Rules for Non Custodial Measures
  • Vienna Guidelines 19
    child oriented -dealing with social root
  • Economic and Social Council Guidelines for Action
    on Children in the Criminal Justice System
  • International Law requires that no reservations
    compromise the spirit or principles of the
  • local authorities across the country are failing
    to provide proper assessments and care plans for
    vulnerable children entering and leaving
    detention, particularly where they are in danger
    of returning to precisely the same situations
    that led to their crimes and imprisonment in the
    first place (High Court Judge Munby 26 July
  • Whose role is it to champion these requirements
    and who blows the whistle when they are ignored?
Understanding Crime the background of the
asb/crime the form the social and moral
context the situation (Young, 1994)

McVey and McAra 2009 ESYT
  • Offender Victim
  • social control criminal act
  • Agencies of Control Community
  • Young 1997

McVey and McAra 2009 ESYT
McVey and McAra 2009 ESYT

  • Desistance
  • interface between developing personal maturity,
  • changing social bonds associated with certain
    life transitions,
  • individual subjective narrative,
  • gendered constructions of identity in adolescence
    and early adulthood

  • Desistance
  • motivation
  • narratives of desistance
  • role of hope
  • how social circumstances suffocate hope
  • sense of fatalism
  • minimisation of responsibility
  • discover agency (the ability to make choices)
  • envisioning an alternative identity and an
    alternative future
  • Effectiveness
  • a focus on the nature and consequences of the
    offending behaviour
  • an emphasis on problem solving and behaviour
    change, cognitive development, personal or social
  • a diversity of methods of intervention
  • use of positive authority
  • an emphasis on community integration
  • Model of Change Pre-contemplation, Contemplation
    Action, Maintenance, (Re)lapse
  • Effectiveness Principles

Need-Risk Criminogenic Responsivity Community
based Service Modality Relational Programme
Listening Communication Relationship Recording
Assessment Planning Evaluation
Duration, Sequencing and Intensity
  • Risk Management
  • harm reduction of both likelihood and impact
  • protection and warning of victims (including
    potential victims)
  • limiting opportunities for risky behaviour and
    access to victims
  • reduction of trigger factors and individual
  • changing risky behaviours wherever possible
  • enhancing self-risk management skills and coping
  • monitoring, surveillance, enforcement and control

  • (Kemshall, 2001)
  • Crime related Need
  • anti-social attitudes, habitual criminal patterns
    of thoughts and feelings, personal control
    issues, criminal peer associations criminality
    in the family, problematic parental style and
    familial affection, schooling and leisure
  • Core Practice
  • Relationship factors
  • Skill factors
  • Effective reinforcement
  • Effective disapproval
  • Problem solving
  • Structured learning
  • Effective modeling
  • Effective use of authority
  • Advocacy/brokerage
  • Dowden et al 2004
  • Effective Interventions
  • clear and stated aims and objectives carried out
    by staff who are trained and skilled in the
    particular method adequately resourced and
    managed the initiators are involved in all the
    management phases
  • subjected to monitoring and some form of
  • Risk, Need and Responsivity (RNR).
  • Andrews et al (1990384)
  • Primary Goods (Ward and Gannon 2006)
  • Life
  • Knowledge
  • Excellence in play and work
  • Excellence in Agency
  • Inner peace
  • Friendship
  • Community
  • Spirituality
  • Happiness
  • Creativity
  • Good Lives Model - 6 Primary Goods
  • Having Fun Achieving
  • Having People in My Life
  • Being My Own Person
  • Being Healthy
  • Having a Purpose and Making a Difference
  • Staying Safe
  • G-MAP adapted Ward and Gannons (2006)
Action Plan Framework
Specific, Measurable, Achievable, Relevant, Time
limited (Talbot 1996) SMARTER - Specific,
Measurable, Achievable, Relevant, Time limited,
Evaluated, Resourced
  • Effective Case Management
  • Continuity
  • Holistic
  • Personal relationship
  • Responsivity
  • Participatory
  • Motivation
  • Pro-social modelling
  • Structured, based on model of change
  • Multi-Systemic Family based initiatives
  • Multi-dimensional family (FFW, MSFW)
  • avoid arrest - 40 vs. 7 (Barton et al 1985)

  • Intensive family intervention projects (FIPs)
    Pawson et al 2009
  • reduced risk of homelessness/eviction 81
  • reduced complaints of antisocial behaviour 94
  • positive change - depression 62, alcohol abuse
    43, educational progress 66
  • intensive family-based interventions are
    essential if the deepest-rooted ASB problems are
    not simply to be recycled from one area to
    another (Home
  • Affairs Select Committee, 2005).


Sports All agree that there are personal and
social development objectives which form part of
a matrix of outcomes. These developments may,
sooner or later, improve offending behaviour, but
their impact is unpredictable in scale and
timing. To expect anything more tangible is
unrealistic (Taylor et al 1999 p.50).
  • Effective Practice
  • Housing policy and housing support
  • Neighbourhood and outreach work
  • Community involvement
  • Restorative Practice
  • Direct Family Work
  • Contact Family
  • Contact Person
  • Personal Change programmes
  • Social Opportunities
  • Youth and Family Outreach

  • Effective Communities
  • How to involved the community?
  • What is local practice to be?
  • Will there be a shared understanding of the
    policy objectives?
  • Will practices be based on evaluated evidence on
    the nature of youth crime and anti-social
    behaviour and on what is likely to be effective
    in dealing with it?
  • How will responses be integrated with mainstream

Getting it
Right for Every Child The Whole Child Physical,
social, educational, emotional, spiritual and
psychological development