NCJ Number
164090
Journal
Howard Journal of Criminal Justice Volume: 35 Issue: 3 Dated: (August 1996) Pages: 242-255
Date Published
1996
Length
15 pages
Annotation
An exploratory study conducted in the youth courts of one county in Wales between July and December 1993 focused on the impacts of the 1991 Criminal Justice Act provision giving courts in England and Wales the power to punish the parents of juvenile delinquents.
Abstract
The law gives the courts the power to require parents to attend court with their children, make parents responsible for the payment of fines, and bind over the parents of a child under age 16 so as to take proper case and have proper control of the child. An unreasonable refusal to be bound over can result in a fine of up to 1,000 pounds. The combined effect of these changes is publicly to implicate parents in the criminality of their children by requiring them to take their place with their child in court. The analysis of the Welsh court indicated that while in theory these powers are widely regarded as unhelpful, in practice they might be more fully used than anticipated. Magistrates' understanding of the provisions is flawed and their actions contradict their beliefs about the practical operation of these powers in important ways. The parents experiencing the new penalties are most influenced by the impressions of unfairness that result and by the difficulties added to their relationships with their children. The finding also suggest that instead of promoting parental responsibility, the 1991 provisions are more likely to undermine family functioning and embitter those upon whom they are imposed. 25 references (Author abstract modified)