ENGLAND AND WALES - THE PRESENT LAW (FROM JUVENILE JUSTICE IN BRITAIN AND THE UNITED STATES - THE BALANCE OF NEEDS AND RIGHTS, 1978, BY PHYLLIDA PARSLOE - SEE NCJ-49769)

• NCJ Number: 49775
• Author(s): P PARSLOE
• Date Published: 1978
• Length: 32 pages
• Corporate Author: Routledge and Kegan Paul Ltd
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE MAJOR FEATURES OF THE JUVENILE JUSTICE SYSTEM OF ENGLAND AND WALES ARE DESCRIBED AS A BASIS FOR COMPARISON OF SYSTEMS IN THE UNITED STATES AND BRITAIN.

Abstract

IT IS POINTED OUT THAT, UNLIKE THE UNITED STATES, WHERE MANY IMPORTANT DEVELOPMENTS IN JUVENILE JUSTICE TOOK PLACE OUTSIDE OF THE STATUTES, IN BRITAIN THE CHANGES IN PHILOSOPHY, ORGANIZATION, AND ADMINISTRATION OF JUVENILE JUSTICE CAN BE TRACED THROUGH THE LAWS. THE OUTLINE OF THE JUVENILE JUSTICE SYSTEM IN ENGLAND AND WALES DRAWS ON THE FOLLOWING STATUTES: THE CHILDREN ACT OF 1908 (APPLICABLE TO ALL OF BRITAIN); THE CHILDREN AND YOUNG PERSONS ACT OF 1933 (ENGLAND AND WALES); THE CHILDREN AND YOUNG PERSONS ACT OF 1937 (SCOTLAND); THE CHILDREN AND YOUNG PERSONS ACT OF 1963 (ALL OF BRITAIN); AND THE CHILDREN AND YOUNG PERSONS ACT OF 1969 (ENGLAND AND WALES). THE INTENT OF THESE STATUTES IS DISCUSSED. THE STRUCTURE, PERSONNEL, AND CRIMINAL AND CIVIL JURISDICTIONS OF THE JUVENILE COURTS ARE DELINEATED. PROCESSES OF REFERRAL TO THE COURT ARE DESCRIBED, AS ARE THE RIGHTS OF JUVENILES UNDER THE COURT'S CRIMINAL AND CIVIL JURISDICTIONS AND THE PROCEDURES GOVERNING TRANSFER OF JUVENILES TO ADULT COURTS. THE DISPOSITIONAL POWERS OF THE JUVENILE COURTS ARE CONSIDERED, AND A TABLE SHOWING TYPES OF DISPOSITION FOR JUVENILES SINCE PASSAGE OF THE 1969 STATUTE IS PRESENTED. THE HISTORY OF DISPOSITIONAL ALTERNATIVES IN BRITAIN IS SAID TO REFLECT THE FINE BALANCE BETWEEN CRIMINAL JUSTICE AND WELFARE THINKING. CHANGES IN POLICY AND IN BASIC PHILOSOPHY THAT HAVE CREATED PROBLEMS IN IMPLEMENTING THE 1969 STATUTE ARE NOTED. (LKM)