영국의 소년사건 처분결정 전 임시조치 제도 검토
Study on Youth Remands in the U.K.
0
조회
0
다운로드
3
인용
0
참고문헌
키워드
초록
The Committee on Youth Justice Innovation of the Ministry of Justice recently announced an recommendation on the reform of youth remands. The recommendation acknowledges that youth remands restrain the freedom of youths even though youth remands are not criminal adjudication. The main points of the recommendation are to clarify the conditions for youth remands, especially for a remand to the Juvenile Classification Review Board and to instrument appeals process in relation to youth remands. In the U.K., YOT consistently takes responsible in managing a youth case starting the moment a young person is arrested until the case ends, which enables early interventions on youth offenses. There have been a series of amendments on youth justice laws in the U.K., which were designed to enhance the right of youths by guaranteeing a right to a speedy trial, providing a process to file an appeal on youth remands, and varying youth remands according to the age of youths and the gravity of cases. We should be aware that the main purpose of the youth justice is to help youths return to normal social life. Youth remands should not be abused as a tool to isolate youth offenders from the society in the name of social safety.
Abstract
The Committee on Youth Justice Innovation of the Ministry of Justice recently announced an recommendation on the reform of youth remands. The recommendation acknowledges that youth remands restrain the freedom of youths even though youth remands are not criminal adjudication. The main points of the recommendation are to clarify the conditions for youth remands, especially for a remand to the Juvenile Classification Review Board and to instrument appeals process in relation to youth remands. In the U.K., YOT consistently takes responsible in managing a youth case starting the moment a young person is arrested until the case ends, which enables early interventions on youth offenses. There have been a series of amendments on youth justice laws in the U.K., which were designed to enhance the right of youths by guaranteeing a right to a speedy trial, providing a process to file an appeal on youth remands, and varying youth remands according to the age of youths and the gravity of cases. We should be aware that the main purpose of the youth justice is to help youths return to normal social life. Youth remands should not be abused as a tool to isolate youth offenders from the society in the name of social safety.
참고문헌 (17)
- 이승현, "영국 소년사법제도의 최근 동향", 소년보호연구, 18, pp.157~194 (2012), 한국소년정책학회
- 최영승, "소년보호사건에 있어서 적법절차의 구현", 소년보호연구, 24, pp.332~360 (2014), 한국소년정책학회
- Arthur, Raymond, "The Moral Foundation of the Youth Justice System: Understanding the principles of the youth justice system" (2017), Routledge
- Picken, Natalie, "Process Evaluation of AssetPlus" (2019), Rand Europe
- Judicial College, "Youth Court Bench Book" (2020)
- Justices’ Clerks’ Society, "Youth Court Jurisdiction in the Modern Approach", ~ (2015)
- Local Government Association, "Youth Justice Resource Pack", ~ (2018)
- Youth Cautions Guidance for Police and Youth Offending Teams, "Ministry of Justice", ~ (2013)
- Nottinghamshire County Council, "ISS Practice Guidance for Case Managers", ~ (2015)
- Sentencing Council, "Overreaching Principles Sentencing Youth, Definitive Guideline", ~ (2009)
- Sentencing Council, "Sentencing Children and Young People. Overarching Principles and offence specific guidelines for sexual offences and robbery", ~ (2017)
- Sentencing Guidelines Council, "Overarching Principles Sentencing Youths", ~ (2009)
- "The Lord Chancellor and Secretary of State for Justice, Review of the Youth Justice System in England and Wales", ~ (2016)
- "The Secretary of State for Home Department, No More Excuses: A New approach to tackling youth crime in England and Wales", ~ (1997)
- Youth Justice Board, "Case Management Guidance Section3: Bail and Remand", ~ (2010)
- Youth Justice, "Youth offending teams: making the difference for children and young people, victims and communities", ~ (2015)
- Youth Justice Board, "Youth Justice Statistics 2018", 2019
