scholarly journals The use of ASBOS against young people in England and Wales: lessons from Scotland

Legal Studies ◽  
2007 ◽  
Vol 27 (4) ◽  
pp. 604-629 ◽  
Author(s):  
Stuart Macdonald ◽  
Mark Telford
Keyword(s):  
Young People ◽  
Social Behaviour ◽  
England And Wales ◽  
Areas Of Concern ◽  
Net Widening

The Anti-Social Behaviour Order (ASBO) is one of the best known measures used to tackle anti-social behaviour. In keeping with the popular conception, the order is frequently used against young people. Of all ASBOs issued in England and Wales up to the end of 2005, roughly 40% were imposed on under-18s. This paper begins with a brief outline of the three principles at the heart of the celebrated Scottish children’s hearings system. With reference to these principles, and to the provisions which govern the use of the order against 12–15 year olds north of the border, the paper then discusses five areas of concern about the use of ASBOs against young people in England and Wales: the readiness to resort to ASBOs; the forum for ASBO applications; the terms of ASBOs; publicising the details of ASBOs; and custodial net-widening. The paper ends by suggesting reforms to the ASBO regime in England and Wales insofar as it is used against young people.

scholarly journals Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

Youth Justice ◽  
2021 ◽  
pp. 147322542110305
Author(s):  
Vicky Kemp ◽  
Dawn Watkins
Keyword(s):  
Human Rights ◽  
Young People ◽  
Legal Rights ◽  
International Human Rights ◽  
Children And Young People ◽  
England And Wales ◽  
Research Interviews ◽  
International Human ◽  
Points Of View ◽  
Human Rights Standards

While studies have explored adult suspects’ understanding of their legal rights, seldom are the experiences of children and young people taken into account. In this article, we discuss findings arising out of research interviews conducted with 61 children and young people; many of whom have experience of being suspects. From listening to their points-of-view, we find that children and young people fundamentally lack understanding of the rights of suspects, and especially the inalienable nature of those rights. We argue this is not surprising when children are being dealt with in an adult-centred punitive system of justice, which is contrary to international human rights standards.

Tracing Bio-Political and Eugenic Connections in Education and Treatment of ‘Youth Problems’

1995 ◽  
Vol 39 (3) ◽  
pp. 249-264
Author(s):  
Judith Bessant
Keyword(s):  
Substance Abuse ◽  
Young People ◽  
Social Behaviour ◽  
Intelligence Testing ◽  
Historical Analysis ◽  
The Self ◽  
Street Gangs ◽  
Student Violence ◽  
Biological Explanations ◽  
The Many

Against a backdrop of increasing popular concern about teenage street ‘gangs’, student violence in schools, high levels of youth joblessness and its perceived relationship to crime, substance abuse, suicide and homelessness, this article explores some of the biological explanations of ‘juvenile anti-social behaviour’. One of the many spheres in which eugenics has been influential is education, particularly in its application of psychology, intelligence testing and similar mechanisms for ensuring citizenship and the self-governance of young people. The article contextualises and critically analyses some of the current debates about education and young people within a critical historical analysis of eugenics.

Asthma Deaths in Scotland 1965–1980

1984 ◽  
Vol 29 (2) ◽  
pp. 84-89 ◽  
Author(s):  
J. M. G. Wilson
Keyword(s):  
Young People ◽  
Hospital Admission ◽  
Rural Health ◽  
Rural Areas ◽  
Medical Services ◽  
England And Wales ◽  
Admission Rates ◽  
Level Of Significance ◽  
Asthma Mortality

From 1965 the fall in asthma mortality in Scotland has parallelled that documented for England and Wales. The high proportion of deaths in young people, and deaths at home, is similar to findings elsewhere. Mortality is higher in the more rural health areas, which are characterised by poorer access to general medical services, fewer medical consultants to the population, and lower hospital admission rates for asthma. There is a slightly higher proportion of home deaths in these rural areas, though on the available data not reaching the level of significance. It is suggested that this difference in mortality between the more urban and the more rural areas provides a basis for a case study in detail.

scholarly journals After the age of criminal responsibility: a defence for children who offend

2016 ◽  
Vol 67 (3) ◽  
pp. 327-341
Author(s):  
Claire McDiarmid
Keyword(s):  
Young People ◽  
Mental Disorder ◽  
Lived Experience ◽  
Public Interest ◽  
Developmental Psychology ◽  
Criminal Responsibility ◽  
Mens Rea ◽  
Criminal Process ◽  
England And Wales ◽  
The Public

In Scotland, the age of criminal responsibility is 8, although children cannot be prosecuted until they are 12. In England and Wales, for all purposes, the age is 10. This article argues that a further mechanism is needed to protect the young who do wrong within the criminal process and it argues for a new, bespoke defence, to be available to young people from the age of criminal responsibility until they attain the age of 18. It looks firstly at criminal capacity – what it is that needs to be understood fairly to hold anyone criminally responsible – and draws on material from developmental psychology and neuro-science, as well as looking at the child’s lived experience, to provide some evidence that the young may, without fault, lack this capacity. It then examines the use of age generally in law, and the age of criminal responsibility within this. Next, it considers existing lack of capacity defences – nonage, diminished responsibility, insanity (or mental disorder) and absence of mens rea – to consider their suitability for use by young and immature defendants. Finally, it presents a proposal for the form of the new defence, taking into account the need for balance with the public interest in conviction of the guilty. Throughout, it notes and analyses the Law Commission’s proposals in this respect.

Challenges Posed to Social Youth Organisations in the Fields of Security and Rescue

2021 ◽  
Vol 39 (39) ◽  
pp. 114-129
Author(s):  
Michalina Pietrek
Keyword(s):  
Civil Society ◽  
Young People ◽  
Social Behaviour ◽  
Financial Support ◽  
Research Problem ◽  
Local Communities ◽  
Expert Interviews ◽  
Emergency Situations ◽  
The Impact

In Poland, it is possible to observe a lack of comprehensive solutions to the problem related to the co-existence of youth rescue organisations in the system of local security, namely: the solutions which would legalise involvement of such organisations in emergency situations and which would indicate the role that such entities could play in prevention. In the paper presented below, the Author poses the following questions: What are the contemporary challenges and expectations of youth rescue organisations? What activities in the fields of security and rescue could be developed by social rescue organisations to use their potential and to improve the level of security? It is possible to expect that the development of some particular fields of activity will contribute to the improvement in the efficiency of social organisations and the impact they have on the level of local security. It can be achieved by the promotion of pro-social behaviour in the fields of security and rescue among young people, local communities and self-government authorities to form the civil society. In order to meet challenges and expectations of youth rescue organisations, it is necessary to provide young people with broader participation in social organisations, to improve the attractiveness of such entities through systemic and financial support, along with social and education base. To provide a solution to the research problem, the Author has applied the method of a diagnostic survey in the form of expert interviews with people involved into activities undertaken by youth rescue organisations.

Heroin use among young people is increasing in England and Wales

BMJ ◽  
1998 ◽  
Vol 317 (7156) ◽  
pp. 431-431 ◽  
Author(s):  
R. Harling
Keyword(s):  
Young People ◽  
Heroin Use ◽  
England And Wales

The Contamination of Pâté with Listeria monocytogenes—Results from the 1994 European Community-Coordinated Food Control Program for England and Wales

1998 ◽  
Vol 61 (10) ◽  
pp. 1299-1304 ◽  
Author(s):  
G. NICHOLS ◽  
J. McLAUCHLIN ◽  
J. de LOUVOIS
Keyword(s):  
Listeria Monocytogenes ◽  
European Community ◽  
Control Program ◽  
Cross Contamination ◽  
Food Control ◽  
Retail Sale ◽  
England And Wales ◽  
Significant Difference ◽  
Areas Of Concern ◽  
Time Of Collection

The Listeria monocytogenes contamination of 3,065 pâté products sampled at the point of retail sale in England and Wales was examined. Ninety-seven percent of samples were free of contamination with L. monocytogenes, 2.0% (60) had levels of less than 200 CFU/g, and 0.6% (18) had levels of 200 CFU/g or more. Fish and seafood pâté were significantly more commonly contaminated by L. monocytogenes than other pâté types (χ2 test, P = 0.001). Pâté obtained from small retail shops was significantly more likely to be contaminated at levels of ≥200 CFU/g (χ2 tests, P < 0.0005) than that obtained from supermarkets. L. monocytogenes was isolated significantly more often (χ2 tests, P < 0.00002) from packs of pâté that were open at the time of collection (3.8%) than those that were sold prepacked (1.2%). There were also significantly more samples (χ2 test, P = 0.0009) where L. monocytogenes was recovered at higher levels (≥200 CFU/g) in opened, as compared to prepacked, samples. There was a significant difference in the rates and levels of contamination of opened samples between shops and supermarkets (χ2 tests, P < 0.0025). Evidence from this study shows that most of the pâté sold in England and Wales is not contaminated with L. monocytogenes, and we suggest that the main areas of concern are cross-contamination and the length of display of pâté sold from opened packs.

scholarly journals Editorial for Applied Practices: Perspectives from the Field Section within the Journal of Psychologists and Counsellors in Schools edited by Associate Professor Susan Colmar

2018 ◽  
Vol 28 (1) ◽  
pp. 118-119
Author(s):  
Susan Colmar
Keyword(s):  
School Climate ◽  
Young People ◽  
Associate Professor ◽  
Digital Citizenship ◽  
Topical Issue ◽  
Use Of Technology ◽  
Legal Implications ◽  
Areas Of Concern ◽  
Online Disinhibition ◽  
Positive Engagement

In this issue of the journal I am pleased to present a paper for Applied Practices by Christine Bhat on the highly topical issue of proactively preventing cyberbullying and sexting. Importantly, these two areas of concern occur commonly in our schools, particularly in secondary contexts, making this paper timely and helpful for practitioners. For example, I found the legal implications and potential recourse material very interesting, and could see that psycho-educational approaches, such that young people were made aware of the wider ramifications of cyberbullying and sexting, would be invaluable. The notion, which was new to me, of digital citizenship, ensuring young people “engage positively, know their online world, and choose consciously” is impressive as these principles of positive engagement, knowledge and choice can apply across other areas pertinent to the students we work with. Bhat addresses and explores four key areas of proactive prevention: school climate, policy, training online disinhibition, and promoting positive use of technology. I would commend this paper to you all as a resource to guide your own dealings and discussions on these critical topics of cyberbullying and sexting.

scholarly journals Crime and anti-social behaviour in England and Wales: an empirical evaluation of the ASBO's successor

Legal Studies ◽  
2020 ◽  
Vol 40 (3) ◽  
pp. 458-476
Author(s):  
Stavros Demetriou
Keyword(s):  
Empirical Study ◽  
Social Behaviour ◽  
Empirical Evaluation ◽  
England And Wales ◽  
Legislative Amendments ◽  
Shed Light

AbstractThis paper presents the findings of an empirical study conducted with local enforcement agents in two areas in England regarding the implementation of the anti-social behaviour injunction which succeeded the anti-social behaviour order (ASBO). These findings shed light on the procedure followed by local enforcement agents when dealing with an incident of anti-social behaviour. The data presented suggests that despite the recent legislative amendments, much of the regulation of anti-social behaviour still takes place in the ‘shadows’ with local enforcement agents utilising a range of informal interventions before applying to court for the issue of an injunction. Moreover, it is argued that despite the repeal and replacement of the ASBO by what appears to be a purely civil measure, many of the criticisms raised about the order and its potential misuse remain largely unaddressed.

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