Critically evaluate the system of dealing with Young Offenders.

Introduction. In consideration of components.They are, Who are the Young offenders. What is the system dealing with them. How is the system dealing with them context of the topic, basically it related with three

All the offences of criminal nature are created by law making mechanism. Any one is breached such, that situation is going to be dealt by Criminal justice system. Therefore, it is clear,that Criminal Justice System is dealing with the offenders. Criminal justice system in UK, is comprised with activities of sub systems such as Law enforecement ,Court system,Penal System and Crime prevention in relation to the offences. (1) The question emerged is, if someone ,who is considered as a youth is

committed such offence,how that Criminal Justice system does react.It is quite clear ,within the ambit of criminal justice system, there is quite clear approach ,namely youth justice systems towards youth offendings. Youth Justice System has been developed in accordance with its own objectives and its sub-systems are worked towards those specified objectives. It is structured as three components. They are, Youth Offending Teams, Youth Courts and implementation of custody, as The Court is expected according to the law .

1)

Malcolm Davies, Hazel Croall, Jane Tyrer, Criminal justice,(2010) Pearson,Harlow, page 26-31

Basically, YOTs are dealing with youth offenders and taking action to stop and to prevent them from committing offences.In its operation ,officers of the police, Probation services, Social services and other related organizations are involved. The Youth Courts are initiated the process by framing charges and it has adapted two approaches to one stage. i.e, while it is working with criminal justice system,it is adapting methodology to deal with youth offenders.Further,if the court is declared any custodial sentence,it has

become important aspect of it, to provide suitable accommodation, which suits and not to breach rights of the youth offenders and which prevents them from further involvements of offendings.(2) Therefore, it is evident, that system dealing with young offenders is really broad and it is difficult to do analysis of the whole system in one stage. For the purpose of having transparent view ,it is better to draw the attention to one particular influential component of the system and to study, how its role towards youth offending. In such approach, it is convenient to come to assessment ,how system works. At the point of understanding influential component in the system,that main place is secured by the Court Structure, which deals with youth offending ,while entertaining independence of judiciary. In addition, through its functionalism, it cannot stand itself. As it is in the middle of the system and its effectiveness is really affected to accomplish purposes of youth justice system by forming appropriate decisions towards youth offending .Further, it works in cooperation with YOTs, YJB (Youth Justice Board), CPS (Crown Prosecution) and Law mechanism and it is taking strategic decision towards youth offending complexities.

2)

(www.newham.gov.uk)

Therefore, it is better to contemplate on those components, to understand how effectiveness of the youth court system is dealing with youth offenders.

Relationship between YOTs and the Youth Court

In judicial process,

Youth Court is a platform ,which works for justice and

it has to work in accordance with accepted procedures. In it is procedure, it has to listen for prosecution and the defence and to come to a conclusion. In this context,that prosecution and defence are representing integral parts of the youth court system. Another important anchor for the Youth Courts is,YTOs. According to section 39(1) of the 1998 Crime and Disorder Act, that establishment of YTOs is arranged. In consideration of its services, it is clearly pointed out, it is giving sufficient contribution to Youth Court Services. Basically, it is assisted to give warnings or reprimands, arranging bails, Providing information or reports, which are necessary for the court to proceed on young persons and assisting to the court to work in accordance with The Sentencing Act 2000.Therefore,that role of YTOs towards Youth Courts is considerable in the context performing its duties.

In Youth Courts, that effectiveness is relied on how YOTs is communicated with matters involved with youths. As an example ,if YOTs is sharing information at the earliest possible stage regarding young person involved with an offence, it is clearing path to the defence ,to assist for the bail application before the Youth Court.

Youth Offending Teams (YTOs) are considered as part the Councils. But, they are having separate existence from the Police and the Courts and working for the purpose of achieving purposes of youth Justice.(3) In this context,it delivers great assistance to develop effectiveness of the service of the court.

Another strategically approach arranged by the Youth Courts ,is forming Youth Justice Service Level Agreements.(4)This is arranged good working environment for Youth Courts with YOTs and it is easy really flexible to establish good communication towards Youth involved matters.

According to the content of this document,it is guiding ,how YOTs have to be performed its duties towards others with high standard service.In practise,that effectiveness of YOTs are going to be enhanced and it is positively affected to lead the courts functions effectively. (5)

Another practical methodology, which Youth Court has given participation, is Youth court user groups. This is worked as common platform for meeting all the parties dealing youth offending matters before Youth Courts. In this strategy ,it is expected to have full participation of every one ,who is dealing with the process to understand issues. By representing the Youth Court, mainly members of the judiciary, Defence lawyers,CPS representatives ,YOTs members and Court administrative officers are supposed to be participated.
3) 4) (https://www.gov.uk) Barry Sheerman Looked-After Children: Third Report of Session 2008-2009,Page

195,Tsophop,Norwich 5) Winston Gordon ,Introduction to the Magistrates' Court: With a Glossary of Words, Phrases

(2001,4th edition) ,Waterside,Winchester...page 107

In their meeting, basically concerned on effective information sharing and communication, effective approach of Justice Service Level Agreement, Outcomes of YOTs work and effective approaches of the court dealing with youth offending matters.

In all strategies, it is focused to develop bridge between YOTs and the Youth Courts. There is clear purpose for such strategy to be executed. That court is expected to develop its functioning effectiveness with the assistance of YOTs.It is justified,that Youth Courts cannot stand themselves in this task. Since they are functionally different.Basically,YOTs work for communication and give guidance on youth offending matters to the court.Further,Youth Court is functioned for forming decisions toward youth offending within the established principles of law.Therefore,dealing of Youth Courts with YOTs is really benefitted to develop effectiveness of Youth Court performances.

To take maximum benefit, That Youth Courts, have introduced another concept to keep close contact with YOTs. That is called Youth Court Panel Meetings. In this implementation, those members of the Youth Court represent and it is great opportunity to discuss on issues and practises of youth justice. In this forum, it is invited for YOTs to discuss about the issues and to give feedback on Youth Justice Services. It is another opportunity for the court to understand, how this mechanism is continued outside of court premises and convenient to adapt for feedback given by YOTs.Therefore, that service of Youth Courts are practically applicable for the issues and affected to its effectiveness.

Another strategy ,which is called Sentencing Forum ,is giving immense contribution to maintain good practise and professionalism through the Court service towards youth justice issues.Basically,this arises between YOTs and the Youth Courts, by giving opportunity to go for detailed feedback on sentencing and sentencing patterns, which occurred. To maintain consistency ,it is followed Sentencing Council guidelines towards youth offending.Basically,it reviews the decisions taken by the court.Therefore,it is having opportunity to be planned ,how to step towards future.It is immensely helpful for developing effectiveness of the court practise. In addition, YOTs communicates its progress to the Youth Court regarding the orders given towards youths. This gives better opportunity for the courts to come to an assessment, how community orders worked out in realistic situations involved with young people. This kind of reporting is guiding the court in correct direction towards Youth offending and really affects to its decision making. In Youth Courts, there are two ways to enhance its effectiveness.Firstly,it joins with Judicial Studies Board for training purposes towards how to be implemented Youth Justice. This is really helpful to update its practise in effective way. Further, it is giving participation for Youth Court Panel for discussing matters with YOTs in their practise. This strategy is very helpful to maintain stable practise by the youth courts with effectiveness. From one access with Judicial Studies Board and it absorbs implementation. From another door, it is necessary resources for proper imparting knowledge to another

level of professionals involved with executing youth justice. This is really helpful to gain perfect outcome through their practise and it makes work of Youth Courts very meaningful towards the objectives of youth justice.

It is must requirement to appreciate relationship between YTOs and Youth Courts since that contribution given by YTOs is immensely supported for enhancing effectiveness of Youth Courts practise towards youth offending. It is evident through the tasks of YTOs.(6)

How CPS is worked for Youth Justice within the Youth Court System

Basically, Crown Prosecution Service is holding important integral part of the youth courts. In its nature of service, by representing prosecution, it has to assist to the court, to accomplish the justice. It is important to consider how it has given contribution to Youth Justice System. According to Children &Yong Persons Act -1933 & The Crime & Disorder Act 1998 (7), that CPS is having statutory duty to work for welfare of the youth offenders. Not only that, The Code for Crown Prosecutors is emphasised necessity of contemplating welfare of the youth. Specially, in such circumstances, that prosecution is bound three main duties. Namely, prosecution is having burden of proof in accordance with general criminal law. On the Other hand, it is bound by special laws with regard to welfare of the youth offenders.Futher,it has to give proper assistance to the Youth Court for accomplishing justice. Towards such challenges, CPS is giving great support to enhance effectiveness of the system in relation to youth offenders.
6) Raymond Arthur, Family Life and Youth Offending: Home is Where the Hurt is,page

54,Routledge,Oxon 7) (http://www.legislation.gov.uk)

Specially, in the cases of youth offenders are involved, that prosecution has been trained, how to deal with youth offenders. In addition, with purpose giving maximum service to Youth Courts, that CPS has arranged positions such as Youth Offender Specialist (YOS) and Area Youth Justice Coordinator (AYJC) and these positions are worked for meaningful task towards youth offenders. (8)

In consequence, that CPS has taken steps to remedy the delay happening in youth justices services. It is expected to give maximum impact for the youth offender. Therefore, that CPS has developed effectiveness of the system dealing with the young offenders.

Concerning the methodology, which CPS entertained regarding prosecution against to the youth offender, is not simple. That CPS is bound to take such decision to prosecute after reviewing full case and as the requirements have been fulfilled. In such stage, it must be concerned on Proper study of the case, Background information of the matter, How suspect has been provided, Public interest, Serious nature and consequences of the offended act and whether it is suitable to be diverted from court procedure or not ,due to nature of offenders character are legal guidance has to complied by the CPS.If it is not complied by CPS and decided to prosecute against to the youth offender it may be quashed due to non-practise of legal guidance. (9) This is clearly illustrated, that CPS structure has been legally formed to work with effectiveness, while it is dealt with youth offending.

8) 9)

(http://www.cps.gov.uk) Pakeeza Rahman, Tony Rendell, Youth Court Guide(case: R v DPP [2011] EWHC 1465

(Admin).(5th Edition)Bloomsbury,West Sussex,page 364)

Basically, PS performance is directly integrated with Youth Court Service. Specially, in relation to youth offenders, It is bound to lead the prosecution subject to compliance with legal guidance. In other words, it is giving great assistance to perform youth court functions effective manner.

How Youth Justice Board is acting for the system dealing with Young offenders. Youth Justice Board is holding very important position in the system dealing with young offenders. Basically, how it is effected to the Youth Justice System ,is justified through its objectives. It is dealing with youth under age of 18 ,to prevent them from offending and reoffending and overseeing the system ,how it works for the youths. Not only that, it is acting for providing safe custody for the youth offenders and be concerned on circumstances ,how youth offending occurred with purpose of preventing them. In the context of objectives, it is having broad application towards effectiveness in the system.Therefore,it is a matter to examine ,How Youth Justice Board is doing its performances. YJB came into effect in 1998 due to government involvement. In its endeavour, it focused the government to achieve its objectives such as reduction of offending .Further, it took steps such as researches for good practise, Acted for providing safe facilities towards youth offenders and worked with local authorities for achieving objectives by guiding and facilitating them with the necessary resources. In its mechanism, it is extended whole country. In other words, it is affected youth justice system of the whole country. Therefore, it is going to be more benefited for youth offenders within the ambit of youth justice system.

In its YJB practise, it has defined, what is meant by Effective practise. It is stated, Practise, which produces intended results.(10) It is clearly justified, those outcomes are intended or predetermined by the Youth Justice board towards the system dealing with young offenders. It is symbolised, what kind of effectiveness applied within the system. Among the intended outcomes, that increasing availability of good practises, reduction offending and reoffending, reduction of new entrants and custody of them, Developing evidence based approach and creating best practical advice towards issues are dominant.(11)Those intended outcomes are really broad. In its operation, it is maintained independence, while dealing with the broad objectives with government assistance. Though it has given good approach for effectiveness of the system .It is directly worked out for the components worked with Youth Courts. With the time lapse, there are some critical points have been emerged. It is revealed, that education programs introduced for young offenders are not benefited them due to non -identification of communication difficulties. This difficulty to the offenders makes worse situation, because those offenders have been prevented from understanding with regard to court process and community sentences. Further with broad application of objectives through YJB,it does not have clear idea, which program is most benefited to the youth offenders and it has not done proper research to find such. On the other hand, by analysis of interventions by YJB,it is clearly focused on small population of offenders and those experiences are cannot be adapted to the whole population of youth offending.
10) 394 11)(http://www.justice.gov.uk) By Ashworth ,Sentencing and Criminal Justice,Cambridge University Press,Cambridge,page

Moreever,it is clear all the objectives of YJB ,are giving immense support for developing the effectiveness of the systems towards youth offenders.But,it is vital matter to think,how those strategies dealt with those objectives affected to the realistic outcomes in the society. Concerning the objectives of YJB, that is the most critical complexity remained.(12) Therefore, it is better to contemplate incompatibleness of certain strategies of YJB with the present situation of youth offending. That YJB has commenced its journey in year 1998 and there is no proper and considerable amendment happened in comparison to recent aspect of the youth offending complexity. But, it cannot disregarded the service done by YJB for the whole system. It is recommended, that YJB has to be amended its strategies in accordance with present nature of youth offending problem. In such an approach, it would be given great service to the Youth Justice System.

How Youth Courts and Law Mechanism Are Offenders Within The Youth Justice System

Dealing With Youth

In Youth Justice System, there are different institutions holding different responsibilities within their scope. But, final outcome is giving contribution to Youth Justice Service towards Youth Offending. Among those institutions, YTOs, YJB and Crown Prosecution Service are in the sequence, giving contribution through their scope for effectiveness of the system.
12) Great Britain: Parliament: House of Commons: Committee of Public Accounts, The youth justice system in England and Wales: reducing offending by young

...TSOshop,Norwhich,page 10

Meanwhile, aforementioned three institutions are involved with the main institution, namely Youth Courts and Law, which is holding important role in the Youth Justice System. Basically, through its mechanism of decision making before the circumstances, it is giving authority, legally accepted.

Basically, Youth Court is part of Magistrate Court, dealing with offenders, under age of 18.Basically,it is exhibited less formal structure in comparison to general Magistrate court dealing with the adult offenders. In hearing before this court, there is no way to attend by the public other than the victim.Even,in such situation ,prior notification has to be given by the victim. In its inception, chaired by a District Court Judge, who is assisted by two lay Magistrates.Basically,it is dealt with imposing youth conference order, Community orders , Custody orders and etc., within the framework of law. Through this structure of the Youth court, it is particularly one feature is dominant. That is to say, though offence is committed, it has been appreciated nature of the offender, specially due to his age. In other words, Youth Justice System has systematized the court procedure in connection to the youth offender, to secure his rights. Basically, this practise is going to be changed in accordance with seriousness of the offence. As an example, an offence such as murder by a youth, may be dealt and sentenced By the Crown Court. When Youth Court is dealing with young offenders, it is concerned objectives of the youth justice. Basically,it is focused to maintaining welfare of the youth and to prevent those young people from offending and re-offending. In addition, during the process of imposing sentences towards young offenders, that Youth Court is concerned on several factors.

They are, that age of the offender, serious nature of the offence, pleading guilty or not by the youth offender, mitigating or aggravating circumstances of the case and other relevant laws, which applicable. Specially sentencing guidelines can be pointed out. According those guidelines, it is clear, that punishing for youth offender has been considered within different framework in comparison to adult offending.(13) In accordance with aforementioned reasons, it is clear, that Youth Courts are having different approach towards youth offenders.But,it is important to consider, how effective is that ,through Court practises. In Youth Courts, that age of the offender is important factor to be considered. As it is stated in Law, Child is ,A person under the age of 14 and Young person is ,who is under the age of 18.There is no clear definition for Yong Adult, but, someone between age 18 and 20 has been described as a Young Adult. According to the accepted legal term, Doli incapax, Any child under the age of 10,is incapable of telling ,what is right from wrong .Therefore ,any such child is incapable doing something wrong .On that ,he is not blameworthy before the law and cannot be produced to the trial.

Therefore, it is evident, Young offender ,who may be charged before the court is between age of 10 and 18.In present days, that age of blameworthiness ,has become matter of disputed.

This issue arose in T Vs United Kingdom (14) in European Court Of Human Rights and held, that age of criminal responsibility as low as 10,is breached of Human Rights Act 1998.
13)(Http://www.northants.police.uk) 14)Davies,M.Croall,H.&Tyrer,J.Criminal Justice Introduction to the Criminal Justice System in England and Wales(3rd Edition),Pearson,Harlow,page:215

There are two reasons dominant for this situation. Firstly, due to this age factor, any young person around age 10 is subject to legal liability in Criminal connection to a crime.Secondly ,that person is exposed to the

Justice System, without proper understanding ,how has to be dealt with. Concerning the system dealt with young offender, this has become critical point, in which way, it is assisted to the youth offender. For the purpose of justification, it has to go for proper analysis, what is the purpose behind youth justice system. Through the Children act in 1908,it was accepted ,there must be separate and distinct system of justice in existence in dealing with Young person. For that it was established Juvenile Court and it showed, those young person are less responsible for their acts in comparison to the adults and therefore, there is no need to be subjected to rigours of criminal law. That law towards Youth Justice System developed, those young offenders have to be protected from due processes of law and their safeguard has to be secured. Even before introduction Children and Young Person Act 1933,the court acted as Loco Parentis in relation to young person. That is to say,the Court can act as a substitute parent for the child. In all the history of Youth Justice in UK,this concept has been developed with the time.(15)In such development of law, it is accepted only safeguard of the young generation.However,imposing criminal liability on a child at low age ,is questionable, as how that safeguard for the young generation is secured. There are certain instances, that accused was acquitted due to noncompletion of minimum age level. It is not pointing out, that low age of criminal liability has to be further amended below age 10.It is given clear indication, to draw the attention for social factors around young people.

15) Arthur ,R. Young Offenders and the Law: How the Law Responds to Youth Offending,(2010) Routledge,Oxon, page 13

It is very natural,day by day,any society is changed with social complexities and contradictions.To their life ,modern technology has been added.In their environment is full of experiences related with Racism,Discrimination ,Poverty, Riots and Pollution of ecology. The Young generation is moving forward with such society and the may be involved with crimes due to influence such surrounding environment.In such situation,it is matter of government to udenderstand ,that need of fostering character and discipline to the young generation with cultural background support.But,instead of that,try to execute environment with such law restriction such as low age of criminal liability is not practical and it is not good for the society .(16) Therefore,for the purpose of giving value through Youth Justice System, it is better to uplift age of criminal liability in comparison to other European Countries and drawing attention to make good other social factors, affecting to the young generation. This is really helpful to develop effectiveness by the court due to dealing with competent offenders. It is important to understand, what is the prime objective of the system dealing with Young offenders.According to the prime objectives,those relevant laws may be enacted and came into effect through the youth court. Basically, due to lack of auditing processes and managerialism, there are immense policies may be affected to the law and procedural aspect of the court. As an example, due to White paper issued in 1990,regarding Crime, Justice and Protecting the Public, clearly stressed , that issuing of custodial sentences are taking private liberty from the young generation and it should be avoided by the courts in practise as far as possible. Because, it is confirmed Criminal Career of the offender.

16) Dr.Venkataiah ,N. Human Rights in a Developing Society,APH,New Delhi:Page 19-23

There is no argument, it is evident and good practise, which came into effect through the Youth Courts. This tendency was further approved by the Act of Criminal Justice 1991 and it expurgated power of imprisoning 14 years old youths .But, in year 1994,it is displayed different approach through implementing the law. That is to say,it was declared ,to double sentence period from 1 year to 2 years for the defendents in the age category of 15 to 17. Furthermore,with the effect of introducing Criminal Justice and Public Order Act 1994,it was implemented Secure Training Order,which gave the power to the Youth Court ,to detain the children of age between 12 to 14.(17) Therefore,it is clear,law making mechanism is changing its aspect within short duration.This is not good for the existence of creditable Youth Justice System towards Youth Offending . Concerning execution of law,it has to be dominantly showed firm attitudes towards youth involvements and but,gradual changes may be adapted as it is required. Otherwise, it is critically affected to the values of Youth Justice System secured since several decades in the history. It is not meant ,that thinking aspect of law has not to be changed.It is evident ,primary purpose of the law is to bridge the gap between law and the society. In this context, law has to be changed according to the changes of social realities.(18) Otherwiese,it may be disrespected and disregarded the recognition for Youth Justice System.On the other hand effectiveness has become low towards the applications of law. But,in the history of Youth Justice ,there are certain changes happened due to need of social reality.On the hand,there are immense changes happened without proper concern on the realistic circumstances.
17)Fortin,J. Children's Rights and the Developing Law,(2nd Edition)Cambridge University

Press,Cambridge,Page 573 18) Aharon, B, The Judge in a Democracy,Princeton,NewJersey,Page1-3

However, through the system, it is shown, that Youth Court and Relevant laws were tried to maintain values of the system such Welfare to the youths, Safeguard to the youths, Protection to the public and Diversion policies on the prosecution. In the recent decades, matter of youth offending has become critically affected the society. It is emerged complexities such as Persistent offending,which shows very harmful to the society and another tendency has been developed,where those youths believed,that they can get away from any situation.This indicated threatening blemish to the society. These circumstances forwarded one clear question before the system.That is to say,whether system has given sufficient coverage for toward youth offending complexity. Therefore ,application of law and behaviour of the court seems to be

changed from 1990 onwards.It is important to consider,how those changes from 1990s have been affected system dealing youth offenders. With effect of the Criminal Justice Act 1991,(19)introduced

methodology,how those custodial or communities sentences ,have to be appropriate with seriousness of the offence.That is to say ,trivial offences were considered in less manner.But,it was applied ,serious consideration on grave offences.(20) Basically,that name of Juvenile Court changed into Youth Court and

allowed to execute laws against to the offenders of age17.Not only that, with the purpose of giving focused service on youth offending,it has been arranged to give special training for judges of Magistrate court , to deal with youth offending matters.

19)( http://www.legislation.gov.uk) 20) Nick Flynn Introduction to Prisons And Imprisonment (1998) Waterside,Winchester,page:42

It is emphasised special proceedings in its functioning. Basically, parents of the offender allowed and other public are prevented from the presence.Meanwhile victims presence is confirmed.In addition ,reporting to the press is not allowed other than matters of public interest. In the grave matters such as,Rape,murder and etc ,are dealt with the Crown court and entertained jurisdiction to give more strict sentence in accordance with offence nature as it is required by the law.Basically, sentences more than 12 months have become subjected to the supervision and other sentences less than that time period did not subject to such supervision. Concerning assessment such as effectiveness and sufficiency, it may be agreed. Because, by the act ,that Court is given power to entertain matter of youth offenders of age 17.Not only that, certain offences in trivial nature were heard by the Magistrate and other offences such as grave nature were entertained by the Crown Court.Therefore,it is quite clear, that methodology which has been introduced by the act effectively worked out, without damaging to the values of the system. This trend ,which initiated by 1991,Criminal Justice Act was continued by several acts,introduced later.That is to say ,with understanding that Youth offending is getting enhanced,that law creating mechanism introduced to more strict implementation though the courts. In each execution, it displayed two aspects.That is to say,such mechanism came into effect due to demand of the society.On other hand,it indicated,it is going with the values deepened in the system. As an example,The Criminal Justice Act & Public Order Act of 1994 took steps to execute Secure Training Order against to persistent offenders and fixed the punitive sentences.

Concerning those implementations, they are really focused to burning complexities ,which were in existence .But, at the point of contemplating sufficiency or effectiveness,there was no clear research on ,how those worked out towards the problems , what are the weaknesses emerged and what remedies have to be applied for those weaknesses.Therefore,those executions through the courts within the youth justice system did not save considerable traces to the system .Therefore,it remained certain hesitations with regard to effectiveness and sufficiency of the strategies of law and the court applications.(21) Only dominant feature, which displayed is enhancing strict law making mechanism and court process against tot the youth offending .But, there was no proper analysis done, how it contributed to the complexity and how it has to be further filtered. In year 1997, Law and the youth court gained good contribution with the advent of Labour government. That government came into power understood that youth offending complexity is has to be addressed in proper way. In consequence, The Crime & Disorder Act 1998 came into effect. It has added immense contribution to the law and mainly, it has observed not only for one aspect of the complexity. But, for all related aspect.Therefore, it seems to be addressing the problem in complete sense. It is clearly justified, that methodology ,which has been suggested, is sufficient for addressing the problem and effectively can be executed. Basically, in consideration of the approach done to the law,is away from corporatism model.It justified as another model of Juvenile Penal Law system.(22)

21)Uglow,S.Criminal Justice (2 edition),Sweet & Maxwell,London,page 430-432 22) John Winterdyk, &J.Juvenile Justice Systems : International Perspectives,

C.S.Press,Ontario,Page:143-147

In this approach,law has executed its mechanism in tough manner towards the crime.Not only,it is concerned on the related reasons,which generated crimes.On the other hand ,it has taken steps to prevent reoffending, Keeping welfare approach and to satisfy needs of the victims. This mechanism introduced by the act is different from previous strategies taken .That is to say,it has introduced assessment implementations such as Youth Justice Board ,which created whole direction researches punishments ,how youth justice system has and engaged in the to be stepped

forward.Meanwhile,it has commenced strategies to expedite process of and focused to related responsible layers of the society towards youth offending. Specially, it has given power to the court ,to give parent order, which asked to hold certain responsibilities of the youth offender and his future.(23)This is indicated sharing responsibilities towards certain social complication.In comparison to other strategies worked for this problem ,were differed from the strategy came into effect in 1998 and it worked for the effectiveness of the system. As an example for effectiveness, it has been introduced to the law, Detention & Training order.This is implanted effectivenenss for custodial sentences with purpose giving perfect solution regarding youth offending.Further,there are other types of strategies introduced such Action plan order ,Reparation order,which suggested to do reparation for the victim,Referral order ,which referred youth offender to a panel , Anti-Social behaviour order and etc. By this act,it has been added to the law ,several remedies ,which can be executed in broad way.Those YJB and YTOs are the most influential with other resources added to the youth justice system,which worked agencies to recover from youth offending complexity. (24)

23)Deunkel ,F, Reforming Juvenile Justice ,Springer,London:page 71 24) Tobias Keyser, Christine Dainty, The information governance toolkit: data protection, Caldicott, confidentiality ,Radcliffe,Oxon:page 118

Due to complications, which were existed at that time,this

showed and

justified as a remedy to all the problems with effectiveness.However ,in the practise,it showed certain difficulties to fix with some complications in Youth Justice System. Even in the present ,those introductions given by the Criminal Justice and Disorder Act 1998 are well controlled and supported for Youth Justice system.As an example ,that creation of scaled approach and Rehabilation order can be pointed out.(25) In consideration law relating youth offndeing and youth court practise,there is no clear sentencing guidelines regarding mechanism of punishment towards youth offenders.But,Youth Courts are engaged with this function with the support of common practise built up from year 2001.(26) For the purpose sharpening objectives Youth Courts, there are two recent acts directly affected .They are Criminal Justice Act 2003 ,Sec.142 (a) and The Criminal Justice and Immigration Act 2008,Sec,9 expounded the functions of the Youth Courts towards youth offending. Through the context of these acts, they are admitted those primary aims of youth justice, respectively preventing juveniles from offending and welfare of the juveniles,who offended.But,these objectives of youth justice system have been mentioned as subordinate to the principal objective of those two legal implementations. As they are stated, Punishing for the offenders,Arranging reform and rehabilitation of the offenders,that protection of the public and taking steps to reparation by the offenders for the people affected by their offences are the elements, respectively .(27)

25) Great Britain: National Audit Office ,The youth justice system in England and Wales: reducing offending by young ...NAO,London,page 34 26)Gibson,B.,& Watkins,M. The Magistrates' Court: An Introduction (Fifth

Edition),WatersidePress,Hampshire,page:124 27) Robert McPeake,Criminal Litigation and Sentencing(23 edition)Oxford Uni.press.Oxford,page132,

It is justified ,that there is clear impact between thinking of youth justice towards youth offenders and thinking of Criminal Justice.Though,punitive aspect is dominant in Criminl justice aspect, still statutory intention has been focused to matter of Youth offending. Therefore,it is evident ,that laws and the court system,which met youth offending has done great service to the Youth Justice System.This happened through the courts and law making mechanism in gradual flow.Therefore,it can be identified,that effectiveness has become part of the law and court system ,which filtered from most suitable resources to the present complexities of youth offending in the society . Are we having Perfect Youth Justice System? There are public and professional views,that recent riots happened due to insufficient contribution of the Youth Justice System.(28) But,It cannot be agreed completely. Because, it is not logical in practical world.The reason is, youth justice system is dealing with certain part of youth life. Mainly it related with factor of youth offending and connected issues. It is quite evident, those riots activities happened as an outcome of social, economic, political complexities and other discrepancies, which have been undergone with the youths. It is a stage, where those pressurised youths have exploded. But through Youth Justice System ,there is immense service done for the youth involved with riots. Basically,any society cannot be expected perfect Youth Justice System.The main reason is youth offending is happened on dirverse circumtnces,which may be changed day to day life.In other words,youth justice system is facing new complexities.
28) Briggs,D.The English Riots of 2011: A Summer of Discontent, Wateside Press,Hampshire,Page 138-140

It is accepted in general practise,That any system is not perfect completely. As it is ,Youth Justice System of UK towards dealing with the youth offenders ,cannot be identified as completely perfect. But, it is justified as a system nourished immense experience through existence of several decades with youth offending complexities.

Conclusion It is evident , in Youth Justice System ,that role of Youth Courts is dominant and it is giving immense contribution to the Youth Justice System. However,dealing with youth offenders is not the sole function of the Youth Courts.That matter is dealt several components of the youth justice system. These all institutions are working towards one prime objective, that is called Youth offending and each one is having different task in its functionalism. But,due to contribution other components, that youth court is having exposure to be effective towards the prime objectives.(29) Basically,YTOs,YJB,CPS and Law mechanism are really contributed to the function of Youth Courts towards youth offending. In other words, effectiveness of those components are really affected to the effectiveness of court structure ,which is dealt with youth offending. Those aforementioned components are in existence during several decades within ambit youth justice system. They have undergone with various aspects of youth offending complexity and they have been developed with effectiveness. That is to say,if all are worked with their experiences with effectiveness,there is no doubt, it is positively affected for the effectiveness of the court towards dealing with young offenders.

29)Gordon,W. Introduction to the Magistrates' Court: With a Glossary of Words, Phrases ..:Waterside Press,Wincheter,page 107-113.

On the other hand, by

the name of the court,that purpose of it ,is very

clear. That is to say,it is dealing with Youth Matters .Therefore,Youth courts are specialised with youth offending matters.Due to specialisation on youth matters,it is having great tendency to give effective service towards youth offending matters. That procedure of law is not restricted to Youth Court Decisions.That is to say,any decision given by Youth Courts are not absolute.If it is questionable,that law has provided to go for challenging such decision on the ground or judicial review or appeal.Therefore,effective service has been established for youth offenders through the court structure.(30) Further,The Youth Court is entertaining its judicial independence. It has learned through law making mechanism and developed own judicial tradition through dealing with Youth offending matters.Due to that reason,youth court is giving best service in its capacity without affecting any external interference. These all the facts are justifying one concept. That Youth Court, as an internal part of Youth Justice System is giving effective service towards young offenders.

30) Hungerford-Welch,P. Criminal Litigation And Sentencing(6th Edition),Cavendish,Oreagon:page 279

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