New York: Kluwer Academic/Plenum Publishers. (2001) ‘Omhändertagande av barn under 1990-talet.’ [Children taken into custody during the 1990s]. This highlights the difficulties involved in correctly apprehending what are the responsibilities of the social services system when dealing with young offenders. Glerup Lund. Some special policies apply to young defendants, including waivers of prosecution, restrictions on prison sentences, and handing over offenders to the local social welfare committee. If the case goes to trial, the child has the right to a lawyer. (1999) Youth and Crime: A Critical Introduction. the The , Indigenous Indigenous. New York: Kluwer Academic/Plenum Publishers. Popular myths and persistent problems. No person can be subjected to a criminal sanction for an offence committed while under the age of 15. The law states that young people over 12 years of age can be old enough to take responsibility. The minimum age for criminal responsibility in Sweden is 15 years of age. Diverting offenders from the criminal courts – for example, by issuing cautions – has traditionally been used for young boys and girls rather than for adults because the legal process itself is thought to harm children. China has lowered the age of criminal responsibility to 12 from 14 for some serious crimes as it cracks down on a rise in juvenile crimes. If the investigation is complicated because of the severe nature of the crime, or if there are many suspects or different crimes are involved, the time limit can be extended at the discretion of the chief prosecutor (Provision Act, Section 4). European Journal on Criminal Policy and Research 7. 4 0 obj Proposition 1979/80:1 Socialtjänstlagen [Government Bill: The Social Services Act]. Stockholm: Norstedts. A decision not to press charges may also be accompanied by the imposition of a fine and registration of the child for the offence. However the local social services boards will still have the main responsibility for young offenders (Proposition 1997/98:96; SOU 2004:122). Apropå nr 1. The most common types of crime committed by boys in Sweden are pilfering, criminal damage, car theft, burglary, physical assault and minor thefts such as shoplifting. The age of criminal responsibility is relatively high in Sweden compared with other countries in Europe where the age of responsibility varies between 7 and 18 years (Jareborg and Zila 2000). [Crime Prevention Council, Official Crime Statistics of Sweden]. Stockholm: Apropå 1. Change, Evidence, Challenges: Youth Justice Developments in Scotland, The Scottish Children’s Hearings System: Thinking about Effectiveness, Assessing How Well Systems Work: The Example of Scottish Children’s Hearings, Child Welfare and Juvenile Justice in the USA: A Practice Perspective, The Relationship between Youth Justice and Child Welfare in England and Wales, Approaching Youth Crime through Welfare and Punishment: The Finnish Perspective, The Interface between Youth Justice and Child Protection in Ireland, Child Protection and the ‘Juvenile Secure Estate’ in England and Wales: Controversies, Complexities and Concerns, The Place of Lay Participation in Decision-making, Human Rights and Children’s Rights in the Scottish Children’s Hearing System, Juvenile Death Penalty in Islamic Countries: The Road to Abolition is Paved with Paradox, Children in Conflict with Law: The Child Offender, Arbitration of International Business Disputes, Brownlie’s Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. As King and Piper (1995) describe it, the welfare and justice perspectives have significance for everyone involved in the decision-making that concerns children. Evaluation of youth custody has shown that it has been used more frequently than expected, instead of both imprisonment and a probationary sentence. Girls are as good as invisible in this context, a circumstance that has worked to the detriment of girls and young women; this situation creates difficulties in developing resources to address the problems girls experience (Chesney-Lind 2001). Care and treatment used by the social services authorities have not been accepted as suitable in relation to criminal justice. Rapport 2000:7. Currently, the age of criminal liability in China is 16, but teenagers aged 14 to 16 can be charged and punished as criminals for serious crimes including intentional homicide, rape and robbery. [Commentary on The Social Welfare Legislation]. As in many other western welfare states, the trend has been away from the welfare approach and towards more control, more punishment and the notion of ‘just deserts’ (Garland 1991, 2001; Goldson 2000; Littlechild 1997). The youth justice system encompasses a broad range of perspectives on both welfare and justice, and these vary from jurisdiction to jurisdiction. (2000) Pojkar som gått vilse. Both the child’s parents as custodians and a social worker are to be informed about the investigation and they are expected to be present at the child’s hearing (Provision Act, Section 5–7). Today the conflict between them is more evident and more complex than ever before. Increasingly, policy-makers stress the importance of a prompt response so that young people can more easily see the link between the law-breaking incident and the associated decision. The age of criminal responsibility in many European countries ranges between 14 and 16, but in England, Wales and Northern Ireland remains at 10. (1993) ‘Missvisande beskrivningar av brottsutveckling.’ [Misleading Descriptions of the Criminal Development]. Table 1 The Minimum Age of Criminal Responsibility: Some International Comparisons Country Age Country Age Austria 14 Spain 14 Belgium 18* Canada 12 Germany 14 Norway 15 Portugal 16 France 13 Sweden 15 Denmark 15 Australia 10 Ireland 12* and . Clevesköld, L. and Thunved, A. The Minimum Age of Criminal Responsibility (known as MACR) hasn’t changed in England or Wales since. Lundström,T. [Upbringing and Punishment. 15 Denmark, Finland, Iceland, Norway, Sweden, Greece 16 Portugal Source: AIHW, Youth justice in Australia 2017-18 The UN Committee on the Rights of the Child maintains that ‘a minimum age of criminal responsibility under the age of 14 years is considered…not to be internationally acceptable’.12 BRÅ, Socialstyrelsen och Statens institutionsstyrelse (2002) Sluten ungdomsvård – en uppföljning. Allmän SiS-rapport nr 6 Stockholm: Statens Institutionsstyrelse (SiS). The issue of whether to lower the criminal age of responsibility came to the fore after a case last year in which a 13-year-old boy confessed to police that he had killed a 10-year-old girl. Wennberg, S. (2000) Introduktion till straffrätten, Sjätte upplagan. Jareborg, N. and Zila, J. British Journal of Criminology 41, © Centre for Crime and Justice Studies (ISTD), 639–655. This age remains one of the lowest in the world, with countries such as Iran, Singapore, Sudan and Pakistan coming in below us by setting the age of criminal responsibility at 7. This became evident from a recent study on how prosecutors and judges perceive the option of surrendering young offenders to special care by the social services. SOU 2004:122 Ingripande mot unga lagöverträdare [The Swedish Governments Official Report: Actions against Juvenile Offenders]. Statement from the Committee of Juvenile Crimes]. The intentions of the legislation introduced then were to change the earlier emphasis on repression and the protection of society that had earlier dominated child welfare legislation concerning young offenders (Proposition 1979/80:1). Antologi/Kommittén Välfärdsbokslut, SOU 2001:52 (Official Report). The Minimum Age of Criminal Responsibility (known as MACR) ... Sweden and Finland have gone above the UN stance on children’s responsibility with the MACR set at 15. When we speak about youth crimes we mostly mean crimes committed by boys. (2000) Straffrättens påföljdslära. Aldershot: Arena. In the 1999 reform, youth custody was made equivalent to imprisonment and is thus considered an equally strong punishment (Proposition 1997/98:96). The implication is that the social workers’ interventions should be in proportion to the culpability of the crime (BRÅ 2002). Proposition 1999/00:137 Barn – här och nu. Littlechild, B. The definition of “young offenders” in Sweden is offenders who have reached the age of 15 but have not yet turned 21. 3 0 obj This implies that the social welfare system should correspond with the criminal justice system both in judging the severity of the crime and in imposing the sentence. It is the youngest age of criminality in all of Europe. In S. White (ed) Handbook of Youth and Justice. Children in Charge 9. Kluwer Academic Publishers, 23–42. Betänkande av Ungdomsbrottsutredningen. They were produced within a set timeframe (October – November 2015) to assist the Scottish Government MACR Advisory Group in considering the policy, legislative and procedural implications of raising the MACR. In other European countries, the age is significantly higher – at 14 in Germany, 15 in Sweden and 16 in Portugal. Studier kring 1902 års uppfostringslagar. Estrada, F. (1999) Juvenile Crime Trends in Post-war Europe. The police officer, as the crime investigator, has the option of not reporting the crime to a prosecutor if it is considered ‘less serious’ and if the sanction would probably be a fine. There are five sanctions that can be imposed for young offenders who have been proved guilty: These represent a hierarchy, with fines expected to cover the least serious offences, while probation and conditional sentences are seen as alternatives to custody. On the other end of the scale, many countries set the age between 12 and 14 and Sweden … The minimum age for criminal responsibility was set at 10 in England and Wales back in 1963. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 594.96 842.04] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Consequently, young people may be placed in youth custody not only by a criminal court but also by the social services board or an administrative court. The death of a child at the hands of other children is rare, and of huge national interest wherever it occurs. The government intended this sanction to be used as sparingly as a sentence of imprisonment would be. In Sweden, co-operation between the social services and the criminal juvenile justice system is crucial throughout the whole legal process, from the preliminary investigation to the final decision in court. There are many contradictions in the reasoning behind the setting of different age limits and the determination of children’s competence and maturity (e.g. This consolidates the label of the ‘dangerous criminal child’ (Goldson 2000; Levin 1996). Social work plans therefore have to combine responses to welfare need with judgements about appropriate sanctions for the crime. <> These international profiles investigate the Minimum Age of Criminal Responsibility (MACR) in Germany, Republic of Ireland, New Zealand, Portugal, and Sweden, respectively. Lindström, P. (1998) ‘Fler åtalade unga lagöverträdare’ [More Prosecuted Juvenile Delinquents]. The age of criminal responsibility in England and Wales is 10. They also point out that both welfare and justice are dualistic concepts (King and Piper 1995). Note, this legislation has been amended since this translation was produced.] SOU 1993:35 Reaktion mot ungdomsbrott. Lund: Diss. The child cannot stop a social worker being present at the investigation, as he/she is obliged, by law, to be there (Provision Act, Section 5). Quick guide There are special demands on the investigator in youth cases to take account of the child and family circumstances (Section 2, 1st LUL (Act on Certain Provisions Concerning Youthful Offenders); Proposition 1994/95:12). Studies on 1902 Laws Considering Troubled Youth]. This has a dual function. New York: Kluwer Academic/Plenum Publishers. Protection of the child – protection of society. They can be taken to court and convicted of crimes, receiving a criminal record. x��[[oܶ~7���G�8�ŋH� �8i���HEڇ�V^�gW�JZ��g����V�2�n��.��pn���\�*��v���ŋ�Wu�H�%�ry�������>���X�Ţη�˗���+������GJ( BA�o��( �x���Q������w�YU�g!Y�ϻ�/�/����Ih=������ނ�+%= 1�Z��է��~���E�=�ʃ���D��y�ʿ�^������9t�(�G�ա��P֛��A�`��E�~�"�N�z[���S~;��c-����W�P��Uk`�b$JD�H�F����?�h������AG@\�ZF$�x�Y�2�7[�I�I���)�J�$�"U�d3H�Aq;F�Π�z�� The legal prerequisites of children in need, though, are almost the same today as they were in the first Child Act in 1902 (Bramstång 1985; Hollander 1985; Mattson 2002). A Journal of Theory and Practice in Social Welfare 17, 4, 73–92. The swings of the pendulum between different values and strategies used by the social services authorities and the justice systems – care, rehabilitation or sanctions – make an interesting study, but the consequences for young offenders are not easy to discern. If guilt has not clearly been proven, how can the report reflect the severity of the crime? Criminal Responsibility. In S. White (ed) Handbook of Youth and Justice. Oxford: Oxford University Press. [Difficulties in comparing international statistics]. changes can distance juveniles in trouble from ordinary child and family policy and social work, and separate them from the welfare domain. In Switzerland, children aged 10 … Varför våra söner blir våldsamma och hur vi kan rädda dem. Chesney-Lind, M. (2001) Girls, violence and delinquency. From the moment a crime is reported until the final decision has been taken, there is a long chain of events. The most common crime where this option is used is shoplifting. Children's Rights and the Minimum Age of Criminal Responsibility: A Global Perspective, Ashgate 2009, p. 221 and 222], though in most of these states a capacity related test is applied. Om en minskande ungdomsbrottslighet. ’ [ children taken into custody during the 1990s.! 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