One step forward, one step back? Coalition policy on young people in conflict with the law Dr Jonathan Ilan, Lecturer in Criminology SSPSSR, University of Kent

Present Structures ‘The New Youth Justice’ (Goldson et al., 2000) Inherited from New Labour Formalised – Regimented – Actuarial / Managerial ‘Risk’ orientated: ASSET Multi-agency – Ubiquitous Well resourced Slightly reconfigured

New Labour’s Policy Avalanche 1998 Crime and Disorder Act 1999 Youth Justice and Criminal Evidence Act 2000 Criminal Justice and Court Services Act 2000 Youth Inclusion Programme 2000 Powers of the Criminal Courts (Sentencing) Act 2001 Criminal Justice and Police Act 2001 Intensive Supervision and Surveillance Programme 2002 Police Reform Act 2003 Anti-Social Behaviour Act 2003 Criminal Justice Act 2004 Children Act 2004 Youth Inclusion and Support Panels 2005 Serious Organised Crime and Police Act 2005 Clean Neighbourhoods and Environment Act 2006 Police and Justice Act 2006 Respect Action Plan 2007 Offender Management Act 2008 Criminal Justice and Immigration Act 2008 Youth Crime Action Plan Source: Muncie, 2009: 313-4

Welfare Incarceration Crim. Justice Youth offending Crim. Justice Welfare Incarceration Old New Changing Paradigms

‘Net-widening & mesh-tightening’ (Cohen, 1985)

Detention (Source: Muncie, 2009: 343)

Fine-tuning? Change in policing targets Increasing move to ‘triage’ & non- criminal disposals Source: Green Paper Evidence Report: Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders, 2010: 38.

Coalition Policy Pt. 1 Dec 2010 Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders Mooted abolition of the Youth Justice Board Free & empower Local Authorities – Sending them the bill for incarceration End rigidity of out-of-court disposals: ‘the conveyor belt’ Increase the use of restorative justice Simplify sanctions Lighter touch regulation of YJ system Focus on beneficial results: reduce first time entrants & custody numbers as well as reoffending Introduction of payment by results

Coalition Policy Pt. 2 Incarceration as opposed to community sanctions in the wake of the riots Payment by results shelved for youth justice Youth Justice Board retained Responsiblisation of Local Authorities to ‘realise’ vision – Interaction with YJB? – Where increasingly footing the bill will diversion and restorative justice become more prevalent.

Legal Aid, Sentencing and Punishment of Offenders Bill Replaces the reprimand and warnings system with a system of youth cautions (potentially with conditions) More police discretion More local authority discretion (& financial input) Courts empowered to issue a non-criminal disposal for first offence – more court discretion LA must treat those leaving detention as LACs 17 yr olds cannot be treated as adults for detention

Conclusions Coalition policies on youth justice are in many ways more progressive than those of New Labour. But the future is uncertain! – Localism: Elected Policing & Crime Commissioners? – Political capital behind Clarke & reform agenda? – Creeping privatisation? Quality & value? – Cuts to national services & local authority budgets – Youth unemployment & regressive policies – Cuts to education & general youth service provision – Growing inequalities Spectre of malign neglect