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Youth Justice (Evaluation of aims (Deterrence (Custodial or heavy fine…
Youth Justice
Evaluation of aims
Deterrence
Custodial or heavy fine sentences deter young people from offending because of consequences - social and economic costs to these sentences. Young people struggle to pay fines.
Public protection
Incapacitate defender for duration of sentence and prevents immediate re-offending. May not be effective in long term prevention of offending.
Rehabilitation
Restorative sentences have lower rates of re-offending (34%). Rehab in custody can work - Halfords programme etc. Success of increased use of restorative justice - victim and offender meet - which has reduced re-offending by at least 14%.
Reparation
Reflects idea of paying something back to Victim/ society. Could include unpaid work or part of the contract drawn up in a youth referral order.
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Aims of sentencing
Aims of sentencing young people contained in Criminal Justice and Immigration Act. Prevent re-offending and rehabilitate offender. Secondary aim of focusing on welfare.
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Restorative justice
Greater emphasis on rehabilitation and use of restorative justice - referral order. Restorative justice includes parties involved in offence resolving how to deal with aftermath. - 85% of victims satisfied with process.
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Types of sentences
Discharge, fines, community and custodial. Majority of Youth sentences are community based - includes Youth Rehabilitation Order (Curfew, unpaid work); Referral Order (referral to youth offending panel, contract drawn up).
Police Powers
Powers of Police to arrest and detain contained in PACE 1984. Code C sets down young offender guidelines: Appropriate adult present during quesitoning and identification procedure.
Out of Court Disposals
Main form of OCD is Youth Cution - intended to provide effective response to offending behaviour. (avoids criminalising youths). Adult must be present when caution issued - Criminal Justice and Courts Act 2015.