영국 소년사법제도의 최근 동향
The recent trends in juvenile justice in the United Kingdom
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The United Kingdom(particularly England and Wales) has been having great concern about Juvenile Delinquency, especially in Politics. According to a power change, Juvenile Justice System has been changing and related laws are continuously revised. The most epoch-making reformation of Juvenile Justice in the last 20 years are made by Crime and Disorder Act 1998 and Criminal Justice and Immigration Act 2008. Crime and Disorder Act 1998 abolished the presumption provisions for incapability in their responsibility and introduced some new disposition system such as anti-social behavior order, parenting order, action plan order, reparation order, curfew order, detention and training order. Also, the Act established Youth Justice Board and Youth Offending Teams to strengthen the cooperation of the agencies concerned. Criminal Justice and Immigration Act 2008 has made clear the purpose of the decision when proper judicial decisions have been made for juveniles. Moreover Youth Community Rehabilitation Order and Conditional Warning system were newly made, and the application range of referral order was extended. Recently, juvenile justice system of United kingdom has tendency of severe punishment and makes persistent effort to rehabilitate delinquent juveniles and to prevent recommitment by overcoming the problems of the system. The details are as followed. (ⅰ) juvenile justice system deals with early delinquency promptly through early intervention. (ⅱ) the interest of related agencies are increased. (ⅲ) responsibility of local government is getting reinforced. Also, there are plans to abolish Juvenile justice Board and to make dependent bureau of juvenile justice in Ministry of Justice. Juvenile justice of the United Kingdom is governed not by a single law system related to juvenile but by complicated law system. However, there are lots of suggestion to korean juvenile justice in that cooperation of agencies are well established, a variety of community services are developed for repeated delinquency protection, early delinquency are positively dealt with, proper intervention and supports are given to the offenders according to risk factors and needs.
Abstract
The United Kingdom(particularly England and Wales) has been having great concern about Juvenile Delinquency, especially in Politics. According to a power change, Juvenile Justice System has been changing and related laws are continuously revised. The most epoch-making reformation of Juvenile Justice in the last 20 years are made by Crime and Disorder Act 1998 and Criminal Justice and Immigration Act 2008. Crime and Disorder Act 1998 abolished the presumption provisions for incapability in their responsibility and introduced some new disposition system such as anti-social behavior order, parenting order, action plan order, reparation order, curfew order, detention and training order. Also, the Act established Youth Justice Board and Youth Offending Teams to strengthen the cooperation of the agencies concerned. Criminal Justice and Immigration Act 2008 has made clear the purpose of the decision when proper judicial decisions have been made for juveniles. Moreover Youth Community Rehabilitation Order and Conditional Warning system were newly made, and the application range of referral order was extended. Recently, juvenile justice system of United kingdom has tendency of severe punishment and makes persistent effort to rehabilitate delinquent juveniles and to prevent recommitment by overcoming the problems of the system. The details are as followed. (ⅰ) juvenile justice system deals with early delinquency promptly through early intervention. (ⅱ) the interest of related agencies are increased. (ⅲ) responsibility of local government is getting reinforced. Also, there are plans to abolish Juvenile justice Board and to make dependent bureau of juvenile justice in Ministry of Justice. Juvenile justice of the United Kingdom is governed not by a single law system related to juvenile but by complicated law system. However, there are lots of suggestion to korean juvenile justice in that cooperation of agencies are well established, a variety of community services are developed for repeated delinquency protection, early delinquency are positively dealt with, proper intervention and supports are given to the offenders according to risk factors and needs.
참고문헌 (27)
- John Graham, "The Organization And Functioning Of Juvenile Justice In England And Wales, In Children and Young People in Conflict with the Law" (1996), Jessica Kingsley Publishers
- Terry Moore, "Youth Court Guide" (2005), Tottel
- Allison Morris, "Understanding Juvenile Justice" (1987), Routledge Kegan & Paul
- Eamonn Carrabine, "Youth Justice in the United Kingdom", EHRR, 7(1), pp.12~ (2010)
- John Graham, "Juvenile Crime and Justice in England and Wales, In Juvenile Justice Systems: An International Comparison of Problems and Solutions" (2001), Thompson Educational Publishing
- Anthony Bottoms, "Youth Justice in Great Britain, In Youth Crime and Youth Justice: Comparative and Cross-national Perspectives" (2004), University of Chicago Press Journals
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- Graham, John, "Juvenile Crime and Justice in England and Wales" (2002), Juvenile Justice System
- "Judicial Studies Board" (2006), Youth Court Bench Book
- Andrew Ashworth, "The Youth Court" (1992), Waterside Press
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- Caroline Ball, "Young Offenders: Law, Policy and Practice" (2001), Sweet & Maxwell
- Gwyneth Boswell, "Research-Minded Practice with Young Offenders Who Commit Grave Crimes", Probation Journal, 45, pp.202~ (1998)
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- "Anti-Social Behaviour: A guide to the role of Youth Offending Teams in dealing wit anti-social behaviour"[URL]
- "The Youth Justice System in England and Wales: Reducing Offending by Young People, National Audit Office" (2010)[URL]
- "Youth Justice Statistics 2009/10: England and Wales, Ministry of Justice" (2011)[URL]
- "Consultation on reforms proposed in the Public Bodies Bill: Reforming the public bodies of the Ministry of Justice" (2011)[URL]
- "The Scaled Approach" (2009)[URL]
- 강경래, "각국의 소년사법제도의 최근 동향: 미국과 영국을 중심으로", 보호, (17) (2005), 법무부
- 21세기 소년사법 개혁의 방향과 과제(Ⅰ): Ⅲ 대안의 모색, "김은경", 한국형사정책연구원, ~ (2007)
- 소년비행대응팀을 통한 소년보호제도방안 연구, "박지현", 법무부, ~ (2007)
- 취약계층 위기청소년 비행예방정책 연구, "법무부", ~ (2007)
- "영국 소년사법위원회 홈페이지"[URL]
- "영국 법무부 홈페이지"[URL]
- "영국 내무부 홈페이지"[URL]