NCJ Number
129140
Date Published
1988
Length
28 pages
Annotation
This report identifies problems in the current operation of section 53 of the 1933 Children and Young Persons Act and presents recommendations to alleviate these problems.
Abstract
The main concern relates to the expansion of section 53(2) sentences, particularly for property offenses such as burglary. This has led to situations in which the juveniles are jointly charged as adults and thus appear in Crown Court having by-passed juvenile court, even though the nature of the offenses could not lead to trial in Crown Court. This is a particular problem with 14-year old juveniles who can only be tried in Crown Court in cases of homicides. Other problems exist in the process of placement of young people subject to these sentences and in the process of sentencing which at times infringes on the rights of these persons, particularly the overrepresented young blacks. Recommendations for legislative changes as well as changes in policies, procedures, and practices in the juvenile justice system are presented to restrict the scope of section 53(2) and to restrict the appearance of juvenile defendants in Crown Courts. 9 tables, 3 figures, and 21 references