Definitions:
A juvenile is an individual who is still a child, young and lastly bound to make mistakes. They are u
Heinous crimes include murder, assault, kidnapping, robbery, rape and other sexual offences.
Committing an offence:
Courts aim to safeguard children as they consider children incapable of protecting their rights on their own however a boundary should be implemented. Many offenders have the capacity to understand the consequence of their actions and get the 'benefit of the doubt' due to their age group. In regards to the prosecution proving premeditated actions many would consider that the juvenile is to recieve a larger sentence due to having the mens rea to commit the crime.
Children are not as neurologically capable as adults understanding the long term implications of their actions. The vast majority of chlidren age out of criminal conduct. When children are exposed to trauma or grow up in a dangerous environment they are unlikely to remove themselves from this situation. Half of the children sentenced to life in prison without parole has been physically abused and 1/5 have been sexually abused. The identity of children accused of the crime will not be disclosed outside of the court. Reporting restrictions are unable to reveal the name, home address of school of young person concerned in proceedings.
The Juvenile System:
The juvenile justice system exists for the purpose of those under 18 being held accountable for the serious crimes committed. The separate juvenile system was developed to mitigate harms of the youth being preyed upon and schooled in crime. Section 44 Children and Young Persons Act 1933 outlines that "every court...shall have regard to the welfare of the child or young person" and Article 2 of the United Nations Convention on the Rights of the Child explores "the best interests of the child shall be a primary consideration".
When a child is jointly charged with an adult they will appear in the magistrates court for their first appearance. A child's case can be separated from an adults via 'severance'. Separation of the defendants include where separate trials take place without causing undue inconvenience to injustice, youth age of defendant is substantial, immaturity of the youth, relative culpability, and lack of previous convictions.
Special measures:
The Youth Justice and Criminal Evidence Act 1999 includes a range of measures to support victims and witnesses to give evidence. Child witnesses under 18 years old are automatically eligible to apply for special measures under Section 16 and the court to satisfy and maximise the witnesse's evidence. Examination of the witness via police interview and court, evidence in private, removal of wigs and gowns, giving evidence from behind a screen ad use of video link. The Young Witness Initiative was for the expedite cases in he courts involving a witness under the age of 10.
The Jamie Bulger case:
The murder that horrifies the nation. Two year old Bulger was abducted from a shopping centre. His body was found two days later battered and found lying on a railway track. Robert Thompson and Jon Venables were arrested in the home and later charged with abduction and murder. Both defendants were 10 years old when they had committed the crime. Thompson and Venables was released in 2001 after serving the minimum eight year sentence. However, Venables was rearrested and jailed in 2010 and 2017 for downloading and distributing indecent images of children.
Youth Crimes in the Midlands:
Public outcry is profound to let media outlets state the names of those under 18 committing such heinous crimes. These include:
17 year old pleading guilty to the rape and sexual assault of a child who was sentenced for three years and seven months. The convict has been placed on the sex offenders register for life and given a sexual harm prevention order.
Boy 15 was jailed for the stabbing of father of three Jamie Markham, as he protected his daughter from an armed gang. He has been detained at the Old Bailey for a minimum term of 15 years. He had breached his Asbo six times before fatally stabbing the family man with an 18 inch knife.
Five youths on trial over fatal attack on Keon Lincoln outside his home in broad daylight. He was shot to the ground by a child aged 14 and stabbed eight times by the other young individuals in broad daylight. He was atacked with large knives in Handsworth and taken to emergency treatment at Birmingham Children's Hospital where his injuries were too severe. The 14 year old had denied murder and the gun with an intent to endanger life. The Prosecutor stated in court
“He was shot at whilst he was on the ground. Still, the group continued to attack him, stabbing and hacking at him with large knives. Eventually, the group ran away and got back into a white Ford S-Max and that car was driven away from the scene.”
It can be understood through the perspective of victim families and friends as to why these juveniles should be convicted under adult applied law. However, the liberalised approach of the United Kingdom ensures that juveniles are protected and assumed to rehabilitate upon release.
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