NCJ Number
52152
Journal
PRACTITIONER Volume: 213 Issue: 1275 Dated: (SEPTEMBER 1974) Pages: 335-344
Date Published
1974
Length
10 pages
Annotation
THE PROTECTIVE FUNCTION OF THE LAW IN ENGLAND WITH REGARD TO THE CUSTODY AND GUARDIANSHIP OF CHILDREN, EDUCATION, EMPLOYMENT, AND THE PROVISION OF SERVICES TO DEPRIVED CHILDREN ARE CONSIDERED.
Abstract
THE LAW DISTINGUISHES BETWEEN CERTAIN CLASSES OF INDIVIDUALS WHO ARE COLLECTIVELY REFERRED TO AS CHILDREN, INCLUDING INFANTS, JUVENILES AND YOUNG PERSONS, CHILDREN OF SCHOOL AGE, AND CHILDREN OF THE FAMILY. ALL PERSONS UNDER THE AGE OF MAJORITY AND DEFINED AS INFANTS SUFFER FROM WHAT IS KNOWN AS LEGAL INCAPACITY. THIS MEANS THAT THE LAW MAKES THEM INCAPABLE OF DOING THINGS A PERSON WHO HAS ATTAINED MAJORITY IS ABLE TO DO. BEFORE A CHILD BETWEEN 10 AND 14 YEARS OF AGE CAN BE FOUND GUILTY OF A CRIMINAL OFFENSE, THE PROSECUTION MUST CONVINCE THE COURT THAT THE CHILD KNEW THE DIFFERENCE BETWEEN RIGHT AND WRONG AND KNEW THAT HE OR SHE WAS DOING WRONG IN THE PARTICULAR CASE. A BOY UNDER 14 YEARS OF AGE CAN NEVER BE FOUND GUILTY OF COMMITTING RAPE OR ASSAULT WITH INTENT TO COMMIT RAPE OR UNLAWFUL SEXUAL INTERCOURSE. ALL PERSONS UNDER 17 YEARS OF AGE WHO ARE PROSECUTED FOR CRIMINAL OFFENSES ARE DEALT WITH BY THE JUVENILE COURT, EXCEPT WHEN THEY ARE CHARGED WITH A GRIEVOUS OFFENSE SUCH AS HOMICIDE. MANY JUVENILE OFFENDERS ARE DEALT WITH BY WAY OF ABSOLUTE OR CONDITIONAL DISCHARGE, BINDING OVER TO KEEP THE PEACE, OR A FINE. JUVENILES IN NEED OF TREATMENT OR SUPPORT MAY BE THE SUBJECT OF SUPERVISION ORDERS, ATTENDANCE CENTER ORDERS, CARE ORDERS, DETENTION CENTER ORDERS, OR ORDERS FOR BORSTAL TRAINING (JUVENILE CORRECTION). A SECTION OF THE CRIMINAL LAW GIVES SPECIAL PROTECTION TO CHILDREN BY MAKING IT AN OFFENSE FOR PERSONS TO COMMIT CERTAIN ACTS AFFECTING OR INVOLVING CHILDREN. PERSONS RESPONSIBLE FOR THE CARE OF CHILDREN MAY BE PROSECUTED FOR NEGLECTING SUCH CHILDREN. THERE ARE VARIOUS SEXUAL OFFENSES WHICH ARE SO DESIGNATED IN ORDER TO PROTECT YOUNG CHILDREN, ESPECIALLY GIRLS, FROM EXPOSURE TO SEXUAL ACTIVITY AT A YOUNG AGE. GENERAL CONCERNS FOR THE WELFARE OF CHILDREN ARE EDUCATION, EMPLOYMENT, AND WELFARE SERVICES FOR DEPRIVED INDIVIDUALS. IN ALL CASES INVOLVING CUSTODY AND GUARDIANSHIP, THE FOREMOST CONSIDERATION OF THE COURT IS ALWAYS THE WELFARE OF THE CHILD. THE LAW CONCERNING CHILDREN SHOULD BE AMENDED, PARTICULARLY PROCEDURES FOR PLACING CHILDREN FOR ADOPTION IN A SITUATION WHERE THE NATURAL PARENTS CAN WITHDRAW CONSENT AFTER THE CHILD HAS BEEN WITH THE ADOPTIVE PARENTS FOR SOME TIME. (DEP)