Central Approaches Underpinning The Youth Justice System

Prior to engaging with critical consideration of the central approaches underpinning the youth justice system in England and Wales, it is worth drawing attention to the system itself. Originally, the categories of adult and young offenders did not exist in the justice system, which prompted their uniform disposal and retribution. The nineteenth century witnessed a significant development in the area of the English criminal justice system with the realisation that juveniles could not accept full criminal responsibility for their deeds, resulting in a further reformation of the system. One legal enactment is of particular note for the discussion further in the present paper, namely the 1963 Children and Young Persons Act , which increased†¦show more content†¦For most of the twentieth century, England and Wales were dominated by the welfare approach. In essence, it entails that due to insufficiently developed capabilities, children lack full responsibility and society has the moral obligation to foster and ensure their well-being. Furthermore, the unique position of children is recognised through the policies predicating this model of justice. Juveniles’ criminal conduct is deemed to be associated with problems on a mental or community level, which warrant that their specific needs are more aptly addressed through actions external to the justice system. This approach postulates that the focus of governmental policies and practices should be children, their essential necessities and redirection away from the penal system. What follows is an outline of the essential characteristics of the punishment model, which is often considered in contrast to the welfare approach discussed above. From the 1980s onwards, the welfare practices were displaced by the punishment justice approach. The critical analysis dictates that it would be useful for the present discussion to make a nexus here between the two approaches as fears for subverting democratic principles, such as the rule of law, due process and proportionality were prevailing at that time and they are seen as the main cause for the shift in justice models. The rationale behind the punishment mode is based on the premise that children should be