The Road to Custody is Paved with Good Intentions
| Published date | 01 September 1982 |
| Date | 01 September 1982 |
| Author | H.A. Thomas |
| DOI | 10.1177/026455058202900304 |
| Subject Matter | Articles |
93
The
Road
to
Custody
is
Paved
with
Good
Intentions
H.
A.
Thomas
Assistant
Chief
Probation
Officer,
Nottinghamshire
Social
work
intervention
can
unintentionally
push
the
young
offender
closer
toward
a
custodial
sentence.
Social
workers
and
probation
officers
are
not
entirely
blameless
in
accounting
for
the
large
number
of
young
people
in
detention
centres
and
borstals.
As
part
of
the
sentencing
process
probation
officers
need
to
be
mindful
of
their
part
in
the
operation
of
the
sentencing
tariff.
According
to
Professor
Tutt,l
England
has
the
dubious
distinction
of
heading
the
European
League
Table
for
locking
up
juveniles.
This does
not
seem
sur-
prising
when
one
examines
the
statistics
over
the
period
1969
to
1978
when
the
reception
of
juveniles
into
detention
centres
and
borstals
dramatically
rose
from
3,046
to
8,420
representing
not
only
a
numerical
increase
but
also
a
propor-
tional
increase
in
the
use
of
the
DC
disposal
from
4
per
cent
to 9
per
cent
of
the
total
juveniles
sentenced.
At
the
same
time
the
rate
of
incarceration
substan-
tially
outstripped
the
increase
in
known
offenders
in
the
14
to
16
age
bracket.
A
possible
explanation
of
this
phenomenon
is
that
juvenile
crime
must
be
more
heinous
than
hitherto
-
a
doubtful
analysis
perhaps
when
one
considers
that
during
the
last
decade
juvenile
crime
in
terms
of
the
offences
of
violence
against
the
person,
sex or
robbery
offences
seems
to
have
remained
constant
in
terms
of
the
total
of
such
crimes
committed.
Leon
Brittan
succinctly
summarised
the
situa-
tion
in
his
comments
as
follows:
’There
is
no
doubt
that
recorded
crime
among
juveniles
has
increased
substan-
tially
during
the
past
twenty
years.
But,
contrary
to
the
impression
usually
given,
it
has
not
increased
more
than
adult
crime.
The
proportionate
increase
in
the
number
of
offences
by
juveniles
has
been
about
the
same
as
for
adults:
both
have
approximately
tripled.
Where
the
greatest
difference
has
been
is
not
in
the
com-
mission
of
offences
but
in
what
happens
to
the
sentenced
offender.
During
the
past
twenty
years,
the
proportion
of
convicted
adults
received
into
custody
has
been
more
than
halved.
During
the
same
period
the
proportion
of
juveniles
receiving
custodial
sentences,
and
I
do
not
include
care
orders,
has
more
than
tripled.’2
Pointing
the
Finger
From
the
above
statistics
and
com-
mentary,
it
is
abundantly
clear
that
differential
custodial
and
sentencing
prac-
tices
exist
between
juvenile
and
adult
offenders
in
a
manner
which
calls
into
serious
examination
the
widely
held
belief
that
juveniles
are
a
special
group
in
society
who
are
protected
from
unnecessarily
acquiring
major
stigmatis-
ing
symbols
of
criminality.
The
obvious
question,
therefore,
that
needs
to
be
asked
is
how
has
this
situation
arisen?
A
quick
response
to
the
above
is
that
magistrates
are
getting
tough
with
juveniles
and
responding
to
cues
from
the
media and
government
that
something
needs
to
be
done
in
relation
to
delin-
quent
youth.
Such
an
analysis
may
well
be
an
attractive
one
to
probation
officers
and
social
workers
as
it
allows
the
blame
to
be
shifted
on
to
the
external
authoritv,
To continue reading
Request your trial