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 White paper on crime 2005 Part4/Chapter6/Section3/2 

2 Juvenile justice system

(1) Recent trend of legislation

  The juvenile justice system was drastically revised by the Crime and Disorder Act of1998.Thereafter it continues to be reformed by the Youth Justice and Criminal Evidence Act of1999,the Powers of Criminal Courts(Sentencing)Act of2000,the Criminal Justice and Court Services Act of2000,the Anti-social Behavior Act of2003,and the Criminal Justice Act of2003.

(2) Summary of the juvenile justice system

  The Crime and Disorder Act of1998stipulates that the most important objective of the juvenile justice system is to prevent crime committed by juveniles.On the other hand,the Children and Young Persons Act of1933stipulates that courts must take consideration of the welfare of the juveniles they deal with.Furthermore,it requires proportionality between the disposition and the gravity of the crime in deciding the juvenile's disposition.
  Recently,from the perspective of regarding the treatment of juvenile delinquency at the early stages as important,various measures have been taken.These include,for example,the acceptable behavior contract,anti-social behavior order,and child safety order.The acceptable behavior contract is a written contract stating that the person will not exhibit anti-social behavior hereafter which is concluded between the person who exhibited anti-social behavior and the police.The anti-social behavior order is a civil order issued by the magistrates'court when it considers it necessary to do so,based on the police's request,which prohibits exhibiting additional anti-social behavior.The child safety order is a civil order issued by a family proceedings court,which is a special court placed in the magistrates'court,when a child conducts an act that violates the penal law or conducts an act that can be regarded as anti-social based on the local council's request.The child is then placed under the supervision of a social worker or a Youth Offending Team.
  When the juvenile has not been found guilty before,and the crime is comparatively minor,the police give a reprimand if the juvenile has not received a reprimand or a warning prior to that,and give a warning to those who have received a reprimand before.If the juvenile who received a warning commits a crime within two years from the warning,he/she will definitely have charges filed.
  In the past,when the police arrested someone,the police decided whether or not to file charges,but by the Criminal Justice Act of2003,the prosecutor decides the filing of charges as a general rule.The decision to file charges is made from the viewpoint of whether there is enough evidence to establish guilt or whether the prosecution matches the public interest.
  A number of cases where juveniles were prosecuted are tried in youth courts,which are special courts placed in magistrates'courts,even for indictable only offenses.In youth courts,a collegial body consisting of less than three magistrates or a district judge single-handedly tries the defendant.The proceedings in a youth court are not released to the public,and only concerned parties of the trial,representatives of the press,and others who the youth court gave permission in particular can attend the trial.Although,as a general rule,it is prohibited to broadcast items and photos which can identify any of the juveniles who are related to the proceedings in youth courts(not limited to the juvenile who was prosecuted),there are cases where the court can exceptionally lift the ban.
  When the prosecuted case is for murder and other grave crimes,the case may be transferred to the crown court.
  Sentences the court may pass to juveniles who are found guilty include absolute discharge,conditional discharge,fines,community rehabilitation order,supervision order,community punishment order,community punishment and rehabilitation order,attendance centre order,curfew order,compensation order,reparation order,action plan order,drug treatment and testing order,referral order,detention and training order,detention at Her Majesty's pleasure,detention for major crime,detention for life for dangerous offenders,detention for public protection,and extended sentence.There are also cases where the court can sentence orders which prohibit anti-social behavior separately from the disposition to the crime recognized as guilty.
  Further,the court is able to pass a parenting order to the person in parental authority of the juvenile who was recognized as guilty and also requires him/her to attend counseling or guidance sessions.
  As for special dispositions which the court can pronounce on persons aged18or over to under21at the time of being found guilty,there is custody for life for murder,etc.and detention in a young offender institution.