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From Punishment to Problem Solving: A New Approach to Children in Trouble

NCJ Number
224926
Author(s)
Rob Allen
Date Published
2006
Length
36 pages
Annotation
This paper proposes a new approach in the way that the United Kingdom responds to youth in conflict with the law.
Abstract
First, the proposed approach would have a greater emphasis on prevention, with attention to the educational and mental health issues that underlie much offending behavior. Second, it would put limits on the current way of processing youth, which has the effect of criminalizing them. A more appropriate system of prosecution and courts should be devised. Among the recommendations in this area are increasing the age of criminal responsibility to the age of 14, with civil child-care proceedings used for children below this age in the event they need compulsory measures of care. Diversion from prosecution should be encouraged, with more widespread use of restorative conferencing. Specialist prosecutors should give priority to diverting cases. Third, there should be a wider range of community-based and residential provision for the most challenging youth and a phasing out of prison custody. This might involve a new sentencing framework that includes a new residential training order of up to 2 years or 5 years, depending on the severity of the crime. Prison custody should be entirely eliminated for 15 and 16 year-olds. Fourth, the new approach would reform organizational structure, giving the lead to the Children’s Department in the Department for Education and Skills. The essential goals of the Department for Education and Skills are to ensure that children are healthy, safe, and achieving positive and satisfying goals. 4 tables, 4 figures, and 39 references