1 The Strange Death of Welfarism: Youth Justice and the Anti-Social in Scotland Lesley McAra University of Edinburgh

2 Key lessons from the Scottish case Political questions - Highlights the political risks of ‘governing through crime’ Methodological questions - Highlights the need for scholars to look beyond policy documents to practice: a critical pluralist approach Normative questions - Highlights the moral vacuum at the heart of punitive and exclusionary approaches

3 Political lessons

4 ScotlandEngland/ Wales 1970s Full flowering welfarism Retreat from welfarism 1980s Punishment and systems management Early-mid 1990s “The darkness” Late 1990s- 000s Increased managerialism; Public protection, risk management, effective practice; Social inclusion, crime prevention, communities as stakeholders; Individual rights and responsibilisation; Restorative justice, victims as stakeholders.

5 Anti-social behaviour legislation: a potted history 1998 Crime and Disorder Act - ASBOs introduced for 16+ (applied for by LAs to Sheriff court, police to be consulted) 2003 The Criminal Justice (Scotland) Act - Interim ASBOs introduced - RSL enabled to apply for ASBOs 2004 Anti-Social Behaviour etc. (Scotland) Act - Extends use of ASBOs to 12 – 15 year olds - Police powers to disperse groups - Community reparation orders (via courts for those aged 12+) - Extension of remote electronic monitoring (tagging) to under 16s; - Parenting orders

6 Differences from England/Wales (12-15 year olds) Reporter to children’s hearings system to be consulted before an ASBO may be applied for Sheriff to take account of “what is happening to the child in the hearings system and the best interests of the child” The making of an ASBO or interim ASBO should be a trigger for a children’s hearing and court can require Reporter to arrange a hearing Breach is criminal offence but “will not lead to imprisonment where no other offences are involved”

7 Community Family Child

8 Offender Victim Parent(s) of Offender Community

9 A moral panic? Statements by Ministers - Youth crime and anti-social behaviour is a complex and serious problem across Scotland. However, one thing is clear – our communities have had enough of it. (Scottish Executive 2002) - Serious crime is down but as today’s statistics show, communities are clearly still plagued by vandalism and other persistent forms of antisocial behaviour. (Scottish Executive 2004) Media headlines (focus on ‘ned culture’) - Extra police target ned culture (BBC News, February 2004) - Crackdown on 'neds' will require extra £12m (Scotland on Sunday, June 2004) - Nike the Ned downed 60 bacardis and went on wrecking spree (Daily Record, May 2004) - Friday night out with the superneds (Sunday Herald, June 2003)

10 Police recorded crime/offences in Scotland ( ) Source: Scottish Government

11 Scottish crime survey :% very or fairly worried that they will be victim Source: Brown and Bolling 2007

12 Offence referrals to children’s hearing system Source: SCRA 2008

13 Scottish Household Survey: Neighbourhood Incivilities (very or fairly common problem) (Source: Scottish Government 2008)

14 Scottish Social Attitudes Survey: youth incivilities very or fairly common and how much affected by (Source: Anderson et al. 2005)

15 Public attitudes towards youth crime (Source: Scottish Social Attitudes Survey : Anderson et al. 2005) Is level youth crime same/ higher/lower as 10 years ago? % Higher69 Lower2 Same25

16 Methodological lessons

17 A failure of implementation? By March 2008: 0 parenting orders 14 ASBOs for under 16s (£500,000 each!) 18 dispersal orders 93 electronic taggings of under 16s (0.2% of children referred on offence grounds)

18 Normative lessons

19 Edinburgh Study of Youth Transitions and Crime ‘Anti-social’ vs. non-offenders (hang out most days, noisy and cheeky in public, involved in vandalism and graffiti) (

20 Edinburgh Study of Youth Transitions and Crime ‘Anti-social’ vs. non-offenders (cont.)

21 Child Bronfenbrenner/Martens (1993) Mother Father Siblings Friends Dwelling Neighbourhood Leisure time TV/mass media School Parents’ work situation Child health centre - medical care Family policies Housing policies Job security legislation Hours of work Labour market policies Communal support of voluntary agencies and leisure activities Cultural policies Child care policies Social security