The Impact Of England And Wales Deals With Young People

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In most of the jurisdiction in the world children are treated in a different way than adults. Applying the full force of the criminal law to children and young people has long been held to be debatable. On this paper we will be critically assessing the way in which England and Wales deals with young people.
The Children act 1989 and the Criminal Justice Act 1991 were the significant event occurred in the youth justice system in 1990s which had the combine effect that separates the system of dealing with children perceived to be in need of care and to be dealt in a separate court namely Youth court. This was aimed to be a welfare based system. But the increases in the juvenile crime in the 1990s and widespread publicity over persistent young offenders and the murder of two-year-old James Bulger by two ten-year-old boys became major concern which forced the main political parties to reconsider their positions on crime and punishment. As a result the political party committed to be ‘tough on crime ’. The use of warnings and cautions was criticised and discouraged. Later secure training orders for 12-14 year old and longer custodial sentence were introduced by the Criminal Justice and Public Order Act 1994.

Also the common law doctrine of Doli Incapax, ‘the presumption that a child between the ages of 10 and 14 year olds could not be prosecuted unless it could be proved that they knew the offence to be ‘seriously wrong’, as oppose to merely naughty or mischievous, which is a
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