The Justice Model in Warwicks
| Author | Hazel Kemshall |
| Published date | 01 September 1986 |
| Date | 01 September 1986 |
| DOI | http://doi.org/10.1177/026455058603300307 |
| Subject Matter | Articles |
106
The
Justice
Model
in
Warwicks
Hazel
Kemshall
Probation
Officer,
Birmingham
(formerly juvenile
specialist,
Nuneaton)
How
one county
gave
practical
meaning
to
the justice model
in
work
with
juveniles,
with
offending
as
central
to
all
decision
making.
In
recent
years
the
debate
has
raged
between
advocates
of the
welfare
and justice models
in the
juvenile
justice
arena.
In
particular
the
’welfarists&dquo;’
have
been
accused
of
tariff escalation
and
woolly-
mindedness,
with
the
justice
advocates
in
turn
accused
of a lack
of sympathy
for family
issues
and
apunitive
attitude
towards
offending.
The
models
have
continued
to
clash
on
the
theoretical
level,
with
little
exploration
of
how
either
functions
to
itiformptactice.
In
this
way,
the
debate
has
often
seemed
heady,
if
not
downright
irrelevant
to
the
day
to day
business
of
working
with
juveniles,
much
of
which
is
perceived
as
progressing
in
an
ad hoc,
common-sensical
way.
The
implementation
of the
Criminal
Justice
Act
1982
served
to
focus
the
attention
of many
County
Probation
Services
upontheir
work
in
the juvenile
court.
In
that
greater
co-operation
was
’called
for
between
Probation
Services
and
Social
Services
Departments’,
it
offered
an
ideal
opportunity
for
disparate
theories,
models
and notions
on
the
whole
range
of juvenile
practice
to
be
brought
together
within
a
coherent
framework.
What
follows
is
abrief account of Warwickshire
Probation
Service’s
attemptto
formulate
a
largely
prescriptive
policy
for juvenile
practice,
accessible
to
all
workers.
Underpinning
the
policy
is
a
clear
understanding
of
the
justice
model,
making
this
account
a
statement
of
that
model
as
it
functions
inpractice,
hopefully
rebutting
some
of the
critical
comments
of
the
welfarists
into
the
bargain.
Key
Elements
of
the
Justice
Model
As
enshrined
in
the
juvenile
policy
of
Warwickshire
the justice
model
can
be
understood
in
the
following
terms:
1.
It
accepts
the
lack
of
evidence
to
show
a
direct
casual
link
between
theories
of
individual
pathology,
family
circumstances,
or
deprivation
and
offending
by
juveniles.
2.
Itrecognizesthatmostjuvenilecrimeispettyand
situafionahy
specific,
unlikely
to
recur,
with
over
75
%
of
first
time
juvenile
appearances
in
the
courts
not
re-appearing.
3.
ItrecogKusthatlaw-w46diqnds&teeflec6w
initisœuragingJaw-brelking behaviour
and
that
tins<
should
be
reflectedin
SER
reconunendations
to
the
Court.
4.
There
is
a
clear
understanding
that
the
juvenile
court
is
not
the arena
for
deciding
helping
strategies
where
clear
welfare
issues
do
exist.
The
only
task of
the
Court
is
to
sentence
a
guilty
person.
If
help
is
required
it
should ideally
be offered
outside the-Court
under
a
voluntary
contract with
the juvenile
and
his
family.
5.
The
i1I1phca:nons
of
point
4
is
that
Supervision
Orders
should
not
be
recommended
on
first
time
offenders,
but
be
regarded
as
a
mid
to
high
tariff
disposal,
clearly
planned,
offence
focussed,
and
considered
where
possible
as
an
alternative
to
custody.
The
Model
in
Practice
Along
the
continuum
of the
juvenile
system,
key
areas
were
identified
for
attention.
These
were
cautioning
of
juveniles
and
gatekeeping
of -SERs
prior
to
court,
the
duty
officer
role
whilst
in
court,
effective
liaison
with
magistrates,
and
the
positive
’selling’
of
supervision
orders
as
alternatives
to
custody.
These
tasks
were
largely
performed
by
the juvenile
specialists
within each
Petty
Sessional
Division,
thereby
unifying
the
tasks
and
creating
clear
boundaries
for
role
responsibility.
This
unification
of tasks
also
facilitated
an
overview
of
the
system
as
a
whole,
creating
an
opportunity
for
policy
to
be
informed
and
reflexive,
as
well
as
serving
as
a
guideline
for
practice.
In
this
way
policy
could
be
reviewed
and,
where
necessary,
modified.
Cautioning
In
attending
the
cautioning
panel
with
policeand
social
services
representatives,
policy
and
practice
To continue reading
Request your trial