Abstract
The judicial approach to sentencing young offenders has evolved as society has developed. Statutes and case law now coexist with youth sentencing guidelines in England. Beyond this, government policy, academic research, media and public perceptions have also influenced youth courts. A number of themes recur in the youth sentencing debate in terms of how much priority is to be attached to the sentencing principles and interventions. For example, to what extent should youth court sentencing reflect deterrence, punishment and the protection of the public from harm? Should it reflect (to a greater degree than at the adult level) the promotion of offender welfare through rehabilitative programs? Which sentence types (or combination of interventions) can most effectively reduce youthful reoffending? There are few easy answers to such challenging questions.
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References
Allen, R. (2011) Last Resort? Exploring the Reduction in Child Imprisonment 2008–11. London: Prison Reform Trust.
Audit Commission (2004) Youth Justice 2004. London: Audit Commission.
Bateman, T. (2013) Children in Conflict with the Law: An Overview of Trends and Developments — 2012. National Association for Youth Justice. 1–27. Accessed 20 D ecemb er 2013. http://thenayj.org.uk/wp-content/files_mf/nayjbriefingchil-dreninconflictwiththelaw 1.pdf
Bryman, A. (2012) Social Research Methods. 4th ed. Oxford: Oxford University Press.
CPS (2014) Youth Offenders: Legal Guidance. The Crown Prosecution Service. Accessed 6 March 2014. http://www.cps.gov.uk/legal/v_to_z/youth_offenders/.
Feilzer, M. and Hood, R. (2004) Differences or Discrimination? London: Youth Justice Board.
Hough, M. and Roberts, J. (2004) Youth Crime and Youth Justice. Bristol: The Policy Press.
House of Commons Justice Committee. (2013) Youth Justice Seventh Report of Session 2012–13, Volume I, HC 339. London: House of Commons.
Judicial Studies Board. (2013) Youth Court Bench Book. London: Judicial Studies Board.
Lowenstein, M. (2013) Towards an Understanding of Judicial Denunciation-Relating Theory to Practice by Comparing the Perceptions of English and Danish Lower Court Judges When Sentencing Minor Theft Offenders. Criminology Sc Criminal Justice, 13:21–35.
Martinson, J. and Mirrlees-Black, C. (2000) Attitudes to Crime and Criminal Justice: Findings from the 1998 British Crime Survey. London: Home Office.
Ministry of Justice. (2012a) Youth Offences Resulting in a Disposal by Region, 2010/11. London: Ministry of Justice.
Ministry of Justice. (2012b) Restorative Justice Action Plan for the Criminal Justice System, London: Ministry of Justice.
Ministry of Justice. (2013a) Youth Justice Statistics 2011/12 — England and Wales. London: Ministry of Justice.
Ministry of Justice. (2013b) Criminal Justice Statistics Quarterly Update to June 2013 — England and Wales. London: Ministry of Justice.
Ministry of Justice. (2014a) Monthly Youth Custody Report-November 2013 0an. update). Youth Justice Statistics Collection. London: Ministry of Justice.
Ministry of Justice. (2014b) Youth Justice Statistics 2012/13 — England and Wales. London: Ministry of Justice.
Moore, T., Rahman, P. and Rendell, T. (2010) Youth Court Guide. (4th ed.) Haywards Heath: Bloomsbury Professional.
Monell, G., Scott, S., McNeish, D. and Webster, S. (2011) The August Riots in England, Understanding the Involvement of Young People. London: National Centre for Social Research.
Muncie, J. (2004) Youth and Crime. (2nd ed.) London: Sage.
National Audit Office. (2010) The Youth Justice System in England and Wales: Reducing Offending by Young People. Report by the Controller and Auditor General, HC 663 Session 2010–11. London: The Stationary Office.
Sentencing Guidelines Council. (2004) Overarching Principles: Seriousness. London: Sentencing Council.
Sentencing Guidelines Council. (2006) Robbery. London: Sentencing Council.
Sentencing Guidelines Council. (2007) Reduction in Sentencing for a Guilty Plea. London: Sentencing Council.
Sentencing Guidelines Council. (2008) Breach of an Anti-Social Behavior Order. London: Sentencing Council.
Sentencing Guidelines Council. (2009) Overarching Principles — Sentencing Youths. London: Sentencing Council.
Sentencing Council. (2011) Assault, Definitive Guideline. London: Sentencing Council.
Sentencing Guidelines Council. (2014) Sexual Offences, Definitive Guideline. London: Sentencing Council.
Smith, R. (2014a) Youth Justice: Ideas, Policy, Pactice. London: Routledge.
Smith, D. (2014b) Wider and Deeper: The Future of Criminology in Europe. European Journal of Criminology, 11: 3–22.
von Hirsch, A., Ashworth, A. and Roberts, J.V. (eds) (2009) Principled Sentencing. Readings on Theory and Policy. (3rd ed.). Oxford: Hart Publishing.
Weijers, I. (2004) Requirements for Communication in the Courtroom: A Comparative Perspective on the Youth Court in England/Wales and the Netherlands. Youth Justice, 4: 22–31.
Youth Justice Board. (2013) Annual Report & Accounts 2012/13. HC 520. London: The Stationary Office.
Youth Justice Board. (2012a) Statistics Bulletin: Offence Classification Numbers Used for Court Proceedings, 2011. London: Ministry of Justice.
Youth Justice Board. (2012b) Statistics Bulletin, Use of Custody by Region, 2010/11. London: Ministry of Justice.
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© 2015 Max Lowenstein
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Lowenstein, M. (2015). Sentencing Young Offenders. In: Roberts, J.V. (eds) Exploring Sentencing Practice in England and Wales. Palgrave Macmillan, London. https://doi.org/10.1057/9781137390400_14
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DOI: https://doi.org/10.1057/9781137390400_14
Publisher Name: Palgrave Macmillan, London
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