Breaking The Law: Understanding Criminal Justice

Breaking the law is something that few people ever intend to do, and sometimes they may not even be aware that they are doing something illegal. For example, prank calling, jaywalking, and littering are all commonly broken laws that people may not know they are breaking. When someone breaks the law, they are typically called a criminal, but there are different words depending on the crime committed and the law broken. Some synonyms for breaking the law include violating the law, committing a transgression, and straying from the straight and narrow.

Children under 10 cannot be charged with a crime but may be taken into care

In England and Wales, the age of criminal responsibility is 10 years old. This means that children under 10 cannot be charged with or arrested for a crime. If a child under 10 commits a crime, they cannot be charged for that crime at a later date, even if they are over 10. However, there are still actions that can be taken against them.

One such action is a Child Safety Order, which places the child in the care of a local youth offending team for a period of between three and 12 months. A Local Child Curfew can also be applied, which bans children from public spaces between 9 pm and 6 am for up to 90 days. If a child breaks their curfew, they can be given a Child Safety Order.

For children under 10 who regularly break the law, local authorities may decide to place them in foster care. This will involve court proceedings and will not happen immediately. Additionally, in some countries, the law states that if underage children break the law, their parents may be held responsible.

It is important to note that these rules are different in Scotland and other countries. The focus of any response to a child under 10 breaking the law is on their welfare and preventing them from offending again.

Youth Court for 10-17-year-olds

When someone breaks the law, they are typically called a "criminal". However, there are other terms, such as "law-breaker" or "violator", that may be used depending on the specific crime committed or the law broken.

The Youth Court is a special type of magistrates' court for young people aged 10 (the legal age of criminal responsibility) to 17 who are charged with a criminal offence. This court is designed to be less formal and intimidating than adult courts, making it easier for young people to understand and navigate the legal process. Most cases involving 10 to 17-year-olds charged with criminal offences are dealt with in the youth court.

The Youth Court operates with either three magistrates, known as "a bench", or a district judge, but there is no jury. The magistrates and district judges receive special training on handling young people. The court proceedings typically take place in the main part of the courtroom, with the youth appearing alongside their lawyer and parent or guardian. The Youth Offending Service (YOS) also plays a crucial role in the youth court, providing support and recommendations for sentencing.

During the hearing, the youth will enter their plea, and the matter will proceed to sentencing or trial accordingly. The youth court can impose various sentences, including Youth Rehabilitation Orders, Intensive Supervision and Surveillance, Driving Penalties, Bail Supervision, and Custody, with the maximum sentence being a two-year Detention and Training Order.

In addition to the standard youth court process, there are also Youth Court Initiatives, such as peer juries or youth judges, where young people themselves participate in sentencing their peers. These initiatives provide an opportunity for volunteers aged 8 to 18 to learn about the legal system and develop important citizenship skills.

Police cautions and warnings

There are two main types of cautions: simple and conditional. Simple cautions are given for minor offences and become "spent" immediately, meaning they are not disclosed on basic Disclosure and Barring Service (DBS) checks. Conditional cautions, on the other hand, involve additional conditions such as compensation payments or rehabilitation programs. These cautions become spent after three months of fulfilling the conditions.

It is important to note that a caution is not a conviction. Only a court can convict an individual of a crime. However, a caution is a type of criminal record and will be retained on the Police National Computer (PNC) for 100 years unless deleted. While certain disclosure rules may limit when a caution appears on a DBS check, it remains on the PNC record. For adults, simple cautions may disappear from DBS checks after six years and become "filtered", while youth conditional cautions take three months to become spent and will be visible on standard and enhanced DBS checks during this time.

Individuals have the right to refuse a police caution and consult a lawyer before making a decision. If an individual does not accept the caution, the police will decide whether to let them go or pass the case to the Crown Prosecution Service (CPS) for prosecution. Accepting a caution means admitting guilt and agreeing to any outlined consequences.

Family Group Conference

A person who breaks the law is typically called a "criminal", but there are other terms such as "law-breaker" or "violator". A Family Group Conference (FGC) is a formal meeting between family members and other officials such as social workers and police regarding the care and protection or criminal offending of a child or adolescent. FGCs originated in New Zealand as a way to allow social work practices to align with Māori values and culture. The Children, Young Persons, and Their Families Act 1989 made them a central part of practice and services where serious decisions about children are to be made.

At an FGC, the whole whānau (family and extended family members) can help and make decisions about the best way to support the family and take care of their child. It is a formal meeting in which the family, the whānau of the child, and professional practitioners work closely together to make decisions that best meet the needs of the child. The process has four main stages: a meeting where professionals inform the family of their concerns, followed by private family time, where the family alone can develop a plan that addresses the concerns raised. The plan is then presented to the professionals who should support it if the concerns have been addressed and it does not put the child at risk. The meetings are facilitated and coordinated by people independent of casework decisions in the agency working with the family.

FGCs are used in care and protection cases and have been described as the 'lynch-pin' of the New Zealand youth justice system. They are a structured decision-making meeting made up of 'family' members, defined broadly to include the children, parents, extended family, and even significant friends and neighbours to the family who may not be blood-related. This group of people are given 'private' time to reach a plan to facilitate the safe care and protection of a child or children in need. The professional is involved in providing information at the beginning of the process and in the assessment of the plan, following a decision. All professionals are excluded from the private time, which is attended by family members only.

FGCs are used to make plans for children in a number of different contexts: Child Welfare, Youth Offending, Education Welfare, Domestic Violence, Children as Young Carers, Foster Breakdown, and adoption, among others. The principles that underpin the FGC process are:

• The child's interests are paramount.
• The child should have the resources made available for their voice to be heard.
• The child's views, feelings, and solutions are as valid as those of the adults participating in the process.
• Children are generally best looked after within their families. Services should seek to promote this wherever possible.
• Working in partnership with families is beneficial for children.
• Families have the ability to make rational and sound decisions about their future and the future of the children involved.
• Given the right environment and the correct information, families instinctively know what is best for the children.

The FGC process can be broken down into five stages:

• The process starts with a family being referred to an FGC service. The person who makes the referral is the 'referrer'. They will usually know and be working with the child or family. This could be a social worker, teacher, or health visitor, for example.
• A coordinator is appointed to help families plan for their FGC. They are neutral and help families think about the plans and decisions that need to be made.
• The eight preparation steps: agreement for the FGC to be held, involving the child/young person, who is invited, practical arrangements, meeting invited family members, advocates for the young person or adults who would benefit from additional support, and meeting the practitioners to prepare them for the FGC.
• Stage one: information sharing. The referrer will share information about why the conference has been convened, and the family can ask questions.
• Stage two: private family time. During this stage, the coordinator and professionals withdraw, leaving the family to discuss and plan in private. There are three basic tasks: agreeing on a plan that meets the needs of the child or young person, agreeing on a contingency plan, and agreeing on how to monitor and review the plan. The coordinator should be available during this time if the family needs any clarification or additional information.

The final stage is vitally important for both the family and the agency. It defines the outcome of the FGC for the child. The coordinator invites the family to relay their plan, helping to clarify and understand each point. They will then write each point on a flip chart in front of the family using the family's own terminology, language, and phrases. They will check that all members agree with the plan or that there is a majority consensus, identify parts of the plan that will need agency agreement and resources, establish who will monitor the plan to make sure it is working, and record the plans for review and the contingency plan. Having completed this task, the coordinator will then invite the professional to comment on the plan and if it is acceptable to the agency.

Child Safety Order

In the UK, the term "criminal" is typically used to describe someone who breaks the law, but there are also words like "law-breaker" and "violator" that may be used depending on the specific context and nature of the crime committed.

Now, turning to the topic of Child Safety Orders (CSOs), it is important to understand that they are court orders specifically aimed at children aged 10 and under who are exhibiting criminal or anti-social behaviour. A CSO is implemented when there are no other means to address such behaviour in minors. The order functions similarly to an Anti-Social Behaviour Order, with terms and conditions in place to guide the child's conduct. For instance, the child may be restricted from certain areas without adult supervision, given a curfew, or prohibited from associating with certain peers.

CSOs are granted when there are significant concerns about a child's behaviour, and if it is suspected that the behaviour stems from issues within the family unit. In such cases, the Family Proceedings Court may issue a CSO, allowing for the intervention and supervision of local authorities and/or Youth Offending Teams. It is important to note that children under a CSO are not of prosecutable age, so they are not subject to criminal proceedings if the order is breached. However, local authorities may pursue a Parenting Order, which holds the parents responsible for ensuring the child's compliance with the CSO.

The overall goal of a CSO is to prevent children from engaging in criminal activities and to provide support and intervention when needed.

Frequently asked questions