Follow European example to keep young people out of prison, says report

Neil Puffett
Wednesday, May 30, 2012

The UK should use a more flexible approach to dealing with young people in trouble with the law, drawing on lessons from Europe, a report by the Criminal Justice Alliance has said.

A greater number of sentencing options are available on the continent. Image: Phil Adams
A greater number of sentencing options are available on the continent. Image: Phil Adams

Reducing the Use of Imprisonment: What can we learn from Europe? argues that alongside a more flexible approach, the UK should adopt a higher age of criminal responsibility.

The report looks at how several European countries have achieved significant falls in their prison populations in the last five years and their different approaches to children and young people.

It outlines how, on the continent, large numbers of cases are settled without proceeding to court or sentencing, whilst there is a greater availability of mediation and restorative justice options and less severe sentencing tariffs.

Young people aged 18 to 21 in both Germany and the Netherlands can be treated either as juveniles or adults depending on a number of factors. These include the seriousness of the crime, the circumstances in which it was committed and the personality of the defendant. 

Meanwhile in Scandinavian countries, sentence lengths are systematically reduced for young adults. 

The report also highlights the difference between the age of criminal responsibility in the UK, which is 10, and on the continent. The age of criminal responsibility is 15 in Scandinavia, 14 in Germany and 12 in the Netherlands. 

“Unlike the majority of European countries, the age of criminal responsibility in England and Wales is set at the very low age of 10 and specific measures for young adults are very limited,” the report states.

“The Ministry of Justice has no plans to raise the age of criminal responsibility but there has been modest acceptance of the case for age and/or lack of maturity to be taken into account by the criminal justice process where it affects the responsibility of the offender.”

Rob Allen, author of the report, said reducing numbers of young people in prison does not mean members of the public will be any less safe.

“Over the last few years other countries have successfully managed reduce numbers of people in prison, and at the same time keep communities safe,” he said.

 

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