NCJ Number
102516
Date Published
1986
Length
9 pages
Annotation
This paper explains British law bearing upon the detention of juveniles prior to case disposition and recommends law and policy changes that will limit the number of juveniles detained and the length of their detention.
Abstract
There is a presumption in favor of bail for all unconvicted juveniles under the 1976 Bail Act. Bail is to be refused only when the prosecution can substantially show the juvenile might reoffend, might not surrender for adjudication, might intimidate witnesses, and might be in danger. There is evidence that the prosecution has prevented bail for juveniles without substantial proof of these conditions. Opposition to bail should be subject to strict rules of evidence. The 1969 Children and Young Persons Act empowers a court to remand a juvenile to the local authority's care when bail is refused. This usually produces placement in a residential institution. This may be traumatic for the juvenile, reinforce a criminal identity, and unfairly punish juveniles not subsequently convicted. The detention is also unjust because it cannot be applied to any sentence resulting from adjudication. The Home secretary's intention to abolish the use of prisons for juvenile detention except when charged with serious offenses should be implemented immediately, and local authorities should monitor the numbers of juveniles remanded by the courts. Remands to residential institutions should be avoided when possible, and a more flexible use of bail hostels should be considered. Time in detention should apply to any sentence. A table provides statistics on juveniles remanded for 1980-1985.