From Punishment to Problem Solving: A new approach to children in trouble

[22 September 2006] - The age of criminal responsibility should be raised as part of a fundamental shift in tackling youth crime according to a report by a leading expert, who has advised the government on youth justice, published today by the Centre for Crime and Justice Studies at King's College.

From punishment to problem solving: A new approach to children in trouble says government policies are demonising and criminalising young people rather than addressing the reasons for their behaviour.

The author, Rob Allen, who has just completed a maximum of two four year terms as a member of the Youth Justice Board, calls for a move away from the world of 'cops, courts and corrections' towards an emphasis on meeting the health, educational and family difficulties which lie behind so much offending.

The report highlights the fact that children are criminalised in England and Wales at a much younger age than in many other countries, including France, Germany, Canada and Russia. The age of criminal responsibility should be raised from ten to 14 with child care proceedings used for children below that age who commit serious offences.

The report sets out a reform package to overhaul the youth justice system including:

• The introduction of specialist prosecutors with the aim of actively identifying and diverting cases where local authorities should investigate the need for care proceedings.
• The introduction of a new sentencing framework including a residential training order of up to two years or five years in the case of grave crimes.
• The phasing out of prison custody for 15 and 16 year olds and new facilities for 17 year olds as part of a fundamental review of closed and open residential options for young offenders.
• Moving responsibility for youth justice from the Home Office to the Department of Education and Skills.
• Greater investment in services to support children in trouble or at risk who have educational and mental health problems.
• More restorative justice schemes, particularly in schools, where offenders make amends for their actions.

Speaking today the report's author, Rob Allen, who is Director of the International Centre for Prison Studies at King's College, said:

'We have seen an increasing preoccupation with protecting the public from young people and a growing intolerance of teenage misbehaviour of all kinds. A genuine shift from punishment to problem solving as the guiding principle for tackling youth crime would help to produce a society that is both safer and fairer.'

Richard Garside, Acting Director of the Centre for Crime and Justice Studies, which published the report, added:

'There are few more pressing issues of policy in relation to crime than what we do about children who offend and get caught up in a criminal justice system that is unable to meet their needs. This report is an important contribution providing a radical rethink that is long overdue.'

Further information

• Howard League for Penal Reform: Chaos, Neglect and Abuse - The duties of local authorities to provide children with suitable accommodation and support services (September 2006)
• CRIN's page on children in conflict with the law
• CRIN's website on violence against children