This chapter looks at three aspects of sentencing and punishment which—though very different—potentially offer alternatives to a focus on punishment. It first discusses an alternative rationale and approach for responding to those who commit offences, restorative justice and then discusses two sets of offenders where the court does not have to sentence strictly in line with just deserts. So it focuses on children and young people under 18 years of age and examines the policies developed to take into account the welfare of the child, such as diversion from prosecution and a modified approach to strict proportionality of penal responses. Next the chapter focuses on those offenders who are deemed to be mentally disordered and reviews those options available to the sentencing court which focus on treatment rather than punishment. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.
Chapter
6. Instead of punishment?
Restorative justice, child welfare, and medical treatment
Chapter
41. Youth justice
Lesley McAra
This chapter explores the founding principles, operational functioning and impact of the institutions which have evolved across the four nations in the United Kingdom to deal with children and young people who come into conflict with the law. It takes as its principal empirical focus the shifting patterns of control that have emerged over the past twenty years—a period characterized by a persistent disjuncture between normative claims about youth justice, evolving policy discourse, and the impact of youth justice practices on the lives of young people. The chapter concludes by arguing that, unless there is better alignment between these dimensions, justice for children and young people cannot and will never be delivered.
Chapter
9. Youth offending and youth justice
This chapter describes youth offending and youth justice: that is, offending behaviour committed by children and young people and how they are treated in the Youth Justice System. Society’s assumptions about what it means to be a child and what should be expected of children and young people in terms of their development and behaviour shape its views on and responses to youth offending. The chapter then looks at how the concepts of ‘childhood’ and ‘youth’ have been seen, theorised, and socially constructed over time, before moving on to consider explanations for youth offending and ‘delinquency’. Youth offending has tended to be explained in individualised terms, through developmental and psychological explanations. The chapter also evaluates the main formal responses to youth offending and assesses more progressive, contemporary approaches to youth offending and delivering youth justice.
Chapter
9. Children and Consent to Medical Treatment
A. M. Farrell and E. S. Dove
This chapter examines the law involving capacity to consent to medical treatment on the part of children and young people. An overview is first provided of key legislation and the role of the courts in the area. Thereafter, the concept of Gillick competence is then examined. Post-Gillick case law is explored in select areas, including refusals of medical treatment, objections to treatment due to religious beliefs, other welfare considerations, gender identity, and the care of critically ill young children. The final section briefly reflects on the role of human rights in promoting the autonomy of children and young people in decision-making about their own health care and how this has been interpreted by the courts.
