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Revisiting Revolutions in Youth Justice

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Revisiting Revolutions in Youth Justice 1997) who implemented a much Revisiting revolutions tougher range of policies during their terms of office. A further explanation for these responses to youth justice in youth justice during the 1980s concerns political distraction, where events including Daniel McCarthy makes sense of the Falklands War, the miners’ strike, poll tax, and rising unemployment reductions in the size and scale of the levels, were by far the big electoral youth justice system issues of the time, with youth crime comparably low as a political priority. Finally, the economic downturn of the mid to late 1970s Since 2008 there has been a marked Secretary William Whitelaw and meant that Thatcher’s first term as reduction in the size and scale his ‘short sharp shock’ catchphrase Prime Minister was subject to of the youth justice system (YJS) advocated an authoritarian stance considerable curtailments on public in England and Wales. Falls in the towards young offenders. Yet, despite spending, where youth justice numbers of young people held this punitive rhetoric, the numbers featured as one such area where in custody, receiving community of young people convicted or minimal financial resources were TOPICAL ISSUES AND COMMENT penalties, entering the youth justice cautioned, being sent to custody, deployed. system, among a host of other as well as receiving other court changes have all taken place. disposals were all significantly The tail end of Labour to the reduced during the 1980s. For 14 coalition One of the interesting features of to 17 year old males, there were From 1992 through to 2007, the these reductions is that they have reductions in the numbers sent to size and scale of the YJS increased taken place in the context of a custody (from 6,900 in 1979 to considerably – the reasons behind Conservative-majority coalition 1,900 in 1989), and in the total which have been subject to extensive government – a political party number of young people sentenced discussion elsewhere (Goldson, most known for its tough on crime (from 56,300 in 1979 to 20,100 2000). From 2008 however the stance towards young offenders. This in 1989) (Home Office, 1989). size and scale of youth justice scenario is however a familiar one. Encapsulating the time period began to reduce towards the end of Going back to the early 1980s – a was the focus on diversion and the New Labour reign, which has period characterised by Jones (1984) decarceration, in addition to minimal since transitioned into the coalition as a ‘successful revolution’ in youth intervention at most stages of the government’s tenure. Significant justice, a similar set of changes were system. This included an increase reductions have been observed in also taking place. These changes in police cautions, multi-agency terms of the number of first time again occurred within the context working to prevent youth crime, as entrants (27,854 in 2012/2013 – of a Conservative government in well as a clear policy of bifurcation compared to 79,260 in 2008/2009), power, with a similar social and in operation which delivered police arrests for notifiable offences political landscape consisting of tougher penalties for a smaller group (167,995 in 2012/2013 – compared fragile economic situations and of serious and persistent young to 273,041 in 2008/2009) and rates recession, instances of civil unrest offenders, but for more minor young of custody (average of 1,544 10 to in the form of rioting, and cuts to offenders employed cautions and 17 year olds in prison in 2012/2013 public services. In what follows, similar diversionary responses. compared to 2,881 in 2008/2009) these comparisons between the There are several explanations for – to name just a few indicators 1980s and contemporary period these reductions during the 1980s (see also Ministry of Justice, 2014). of youth justice will be unpacked, period. The Criminal Justice Act 1982 Like the 1980s period, there is also drawing out some of the overall placed limits on judicial discretion evidence of a bifurcation strategy explanations and conclusions regarding the use of custody and in operation – a policy which regarding the associations between encouraged greater use of penal served to divert away from formal the Conservative government and alternatives. Rutherford (2002) sanctions those offenders involved reductions in the size and scale of further argues that the 1982 Act and in low-level crimes, compared to youth justice. the more general law and order a response which focuses more climate was reflected through the on serious and persistent young The 1980s context mildly tolerant attitudes of Home offenders (HM Treasury, 2011). Young During the 1979 General Election Secretaries Leon Brittan (1983-1985) people entering the YJS, although and the subsequent rise of Thatcher and Douglas Hurd (1986-1989), far fewer in overall numbers, have as prime minister, one of the especially when compared to higher numbers of previous offences ingredients of the Conservative subsequent Home Secretaries committed, as well as greater levels Party’s successful campaign was their Kenneth Clarke (1992-1993), and of re-offending following disposals tough law and order response. Home particularly Michael Howard (1993- (Ministry of Justice, 2014). This 16 ©2013 Centre for Crime and Justice Studies 10.1080/09627251.2014.950517 suggests a shift in emphasis towards any clear benevolent or abolitionist public policy, not least the health a small core group of persistent thrust to these reductions in youth service and economy, may lead to a young offenders, as opposed to the justice both in the 1980s and re-emergence of a tough youth crime more enlarged interventionist policy current context, the most plausible response from campaigning political which concentrated on low-level factor responsible for these cuts parties. The current Home Secretary offenders which featured as a key is the climate of austerity with Theresa May has focused the bulk of part of the New Labour youth justice cost effectiveness and corporatist her tenure on matters of policing and agenda. efficiency appearing to characterise immigration, and not youth justice Cuts to a range of public services the main rationales for change. which may signal some positives in including youth offending teams Like the 1980s, the coalition the run up to the General Election in (YOTs) and the police have forced a government has ruled in the 2015. By contrast, Chris Grayling, the reconsideration of aftermath of a Minister for Justice, has recently service provision, significantly announced proposals to build a where a minimal- The most plausible dented economy, ‘super prison’ for children despite interventionist factor responsible where cuts to what seems to be limited evidence policy with public services supporting such a measure, and regards to young for these cuts is the and industry have perhaps a more alarming indication people involved been made, and of his attempts to shore up public in low-level climate of austerity welfare policies concern towards youth justice. TOPICAL ISSUES AND COMMENT offending – a with cost effectiveness established which Finally, regardless of these noted policy certainly have negatively reductions, the adult justice system informed by the and corporatist impacted the lives does not correspond with these need to cut costs. of the poor and changes where prison populations For YOTs and the efficiency appearing to socially continue to rise alongside police, a renewed characterise the main marginalised. Yet community penalties and other court emphasis on these political disposals (besides reductions in the diversion (as rationales for change conditions have numbers of police arrests and overall illustrated by the not yet led to any levels of crime). We should therefore growing use of discernable reserve optimism regarding the claim restorative interventions which increases in crime (so far the that the case of youth justice establish an informal response to opposite) or indeed any identifiable illuminates a broader pattern of deal with low-level youth offending) backlash against these reductions in change in England and Wales, but has had a key role in reducing the youth justice – the only obvious cautiously celebrate the current numbers of young people processed exception being the state reactions to climate of youth justice, especially through the YJS. This is, in addition to the English riots which were highly when compared to its recent past. n the removal of police and court draconian in punishing those targets for ‘offences brought to involved in these incidents, but not Dr Daniel McCarthy is Lecturer in justice’ – resulting in fewer police marked by a continued and more Criminology, University of Surrey arrests and less of a need to process systemic adoption of these punitive young people following arrest. So practices within the YJS and beyond. References too have there been some changes in Despite some positive aspects of Goldson, B. (2000),(ed.) The New Youth sentencing practices, with judges these two periods of youth justice, Justice, London: Sage. sentencing fewer young people to there are some cautionary notes are custody, with recent guidelines worth expressing. One is that Her Majesty’s Treasury (2011), Treasury Minutes: Government responses on the emphasising custody as a last resort. following the 1980s ‘successful Nineteenth to the Twenty First and the Although YOTs deserve some credit revolution’ in youth justice, a major Twenty Third to the Twenty Seventh for these reductions, such as through policy u-turn occurred during the Reports from the Committee of Public their growing use of restorative early 1990s which persisted Accounts: Session 2010-11, London: HM interventions, there is little evidence throughout the majority of the New Treasury Office. of a discernable policy shift Labour tenure after. The murder of Home Office (1989), Criminal Statistics compared to the period prior to the James Bulger played a key part in this for England and Wales, London: The reductions during the start of the punitive shift, as did the competition Stationery Office.
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