Juvenile Justice in UK Law

Leading Cases
  • R HC (a child, by his litigation friend CC) v The Secretary of State for the Home Department (1st Defendant) The Commissioner of Police of the Metropolis (2nd Defendant)
    • Queen's Bench Division (Administrative Court)
    • 25 April 2013

    The impetus driving the United Kingdom to afford special statutory protection to those under 18 is the United Nations Declaration on the Rights of the Child 1959 and the Convention on the Rights of the Child 1989 ("UNCRC"). One of the key principles of the United Nations Declaration is that a child is to enjoy special protection. The preamble to the UNCRC speaks of entitlement to special care and assistance for a child. The UNCRC is the most widely ratified human rights treaty in the world.

  • R v Secretary of State for the Home Department, ex parte T.; R v Secretary of State for the Home Department, ex parte H.; R v Secretary of State for the Home Department, ex parte Hickey
    • House of Lords
    • 12 June 1997

    When Parliament confers a discretionary power exercisable from time to time over a period, such power must be exercised on each occasion in the light of the circumstances at that time. In consequence, the person on whom the power is conferred cannot fetter the future exercise of his discretion by committing himself now as to the way in which he will exercise his power in the future.

  • R T (by his mother and litigation friend Rt) v The Secretary of State for Justice and Another
    • Queen's Bench Division (Administrative Court)
    • 03 May 2013

    However, as Professor Bevan envisages, the arrangements must also cover the risks of other types of contact. On the other hand, the arrangements mandated by section 31 plainly do not oblige the use of separate court buildings for young person defendants and witnesses or even entirely separate custody areas in the one court building.

  • R (SR) v Nottingham Magistrates Court
    • Queen's Bench Division (Administrative Court)
    • 19 October 2001

    Because a custodial sentence, or a secure remand, constitutes such a serious infringement of the right recognised by Article 8(1), Parliament has set a high hurdle to be crossed before courts can lawfully make an order of this kind. So far as sentencing is concerned, section 70(2) of the Crime (Sentencing) Act 2000 speaks of an offence (or offences) so serious that only a custodial sentence can be justified.

  • Dyer v Watson and Another; HM Advocate v K
    • Privy Council
    • 29 January 2002

    In any case in which it is said that the reasonable time requirement (to which I will henceforward confine myself) has been or will be violated, the first step is to consider the period of time which has elapsed. Unless that period is one which, on its face and without more, gives grounds for real concern it is almost certainly unnecessary to go further, since the convention is directed not to departures from the ideal but to infringements of basic human rights.

  • R (R) v Durham Constabulary and Another
    • House of Lords
    • 17 March 2005

    It is in everyone's interests that children should be brought up to be decent law-abiding members of society. Both national and international law recognise that the criminal justice system is part of that process of bringing them up. The straightforward retributive response which is proper in the case of an adult offender is modified to meet the needs of the individual child. In national law, this is still reflected in section 44(1) of the Children and Young Persons Act 1933:

    The first was the child's decision to make the admissions he did. The second was the police officer's decision to administer a final warning rather than to prosecute him. It is good for children to learn to take responsibility for their actions: that is part of growing up to be responsible members of society. It is therefore good for children to 'own up' when they have done wrong. But it is absolutely vital that children's admissions, like adults', should be voluntary and reliable.

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Books & Journal Articles
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Law Firm Commentaries
  • Protecting Your Privacy In Early Stage Investigations
    • Mondaq UK
    ......principle of open justice in court proceedings and, save for. specific circumstances such as for ......
  • Unconvicted – The Disclosure Of Minor Convictions And Cautions
    • Mondaq United Kingdom
    ...... Conviction for a criminal offence as a juvenile will be eligible for filtering as long as all of the following criteria ... How should job application forms be amended?. The Ministry of Justice is recommending that the following question is put to job applicants to ......
  • Facial Recognition Technology In The Dock
    • Mondaq UK
    ......However, FRT is still in a juvenile state and studies tend show it is prone to error. Concern has also been ... risk that it might be abused and lead to miscarriages of justice. This concern extends beyond NGOs to regulators charged with overseeing ......
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