Statutory orders 'set up young offenders to fail'
Joe Lepper
Thursday, May 12, 2011
Young offenders subject to youth justice and antisocial behaviour orders are being set up to fail, according to the latest Prison Reform Trust report.
The report, Into the Breach: The Enforcement of Statutory Orders in the Criminal Justice System, found the complexity and length of the orders were unachievable for many young offenders, especially those from the most disadvantaged backgrounds.
Breaches were often treated on a "one size fits all" basis resulting in custody, with little regard to the lack of stability in young people’s home life.
In an interview with 12 young offenders those from more stable homes had a better history of compliance.
Those with a track record of breaches were often living in "chaotic circumstances" says the report, such as abusive homes, drug abuse and fear of rival gangs.
It added: "Once the children realised they were probably going to be returned to court for non-compliance, there was a high risk of further offending."
But some aspects of the orders were praised. Vocational and community activities were valued by young offenders as were youth offending team (YOT) workers’ efforts to build trust.
The study concludes that "the one-size-fits-all approach to enforcement has had a disproportionate effect on the most disadvantaged, who can thus experience a rapid escalation through the system and into custody."
The report calls for a more sophisticated way of dealing with breaches rather than custody. It states: "Many of the children needed services that were outside the remit of the YOT or antisocial behaviour practitioners and there was frustration when these were not available."
YOT workers were also concerned about the way breaches were dealt with. Those interviewed for the report said sentencing for breaches was inconsistent and not always used as a last resort.
Just over two-thirds of Asbos handed out to children and young people since 2000 have been breached, according to latest government figures. In 2009/10 one in 10 children in custody was there solely for a breach of an order or community sentence.
Breaches were often treated on a "one size fits all" basis resulting in custody, with little regard to the lack of stability in young people’s home life.
In an interview with 12 young offenders those from more stable homes had a better history of compliance.
Those with a track record of breaches were often living in "chaotic circumstances" says the report, such as abusive homes, drug abuse and fear of rival gangs.
It added: "Once the children realised they were probably going to be returned to court for non-compliance, there was a high risk of further offending."
But some aspects of the orders were praised. Vocational and community activities were valued by young offenders as were youth offending team (YOT) workers’ efforts to build trust.
The study concludes that "the one-size-fits-all approach to enforcement has had a disproportionate effect on the most disadvantaged, who can thus experience a rapid escalation through the system and into custody."
The report calls for a more sophisticated way of dealing with breaches rather than custody. It states: "Many of the children needed services that were outside the remit of the YOT or antisocial behaviour practitioners and there was frustration when these were not available."
YOT workers were also concerned about the way breaches were dealt with. Those interviewed for the report said sentencing for breaches was inconsistent and not always used as a last resort.
Just over two-thirds of Asbos handed out to children and young people since 2000 have been breached, according to latest government figures. In 2009/10 one in 10 children in custody was there solely for a breach of an order or community sentence.
