Types of Legal Punishments for Underage People
Nuisance caused by children is a common problem in the UK. They sometimes make a lot of noise or even damage someone's property. Some people choose not to react because they are just children but it can only make things worse as they become ensured that there are no consequences for irresponsible behaviour. But, what can be done?
Every incident which causes nuisance should be reported to the police or to the council. Even if it has been committed by a person under 18. They can and should be punished for their behaviour as we cannot assume that they do not understand seriousness of their actions. Besides, the Crime and Disorder Act 1998 abolished a presumption that children are incapable of committing a crime. Moreover, children should be made aware that breaking the law leads to consequences. Otherwise, they may continue to break the law during an adulthood.
One of such consequences is to implement a Local Child Curfew by the police which is a ban placed on a child under 10. It is introduced so that it cannot be present in public places without a parent or a carer between 9 pm and 6 am. If it is breached or if a law has been breached a child can be placed under a supervision of a youth offending team for up to three months. In some cases even for up to 12 months. If a child does not follow the rules under the order a court may then consider taking the child into care.
Another option is that after two warnings, if the behaviour continues, an Acceptable Behaviour Contract can be signed with a child by the police or a local council. It includes information about actions which the child agrees to undertake to improve his behaviour and about what he will stop doing. This agreement is not legally binding but its breach may be used as an evidence while applying for a Criminal Behaviour Order.
The above type of order is available at the youth court for underage people. It includes positive requirements and can be granted for a period between one year and three years. An annual review of these orders takes place to check whether the offender complies with the order and whether he gets necessary help and support to comply with the order. A breach of a Criminal Behaviour Order is an offence punishable by two years detention and training. So, it is probably the most effective way to stop anti-social behaviour. But, it is difficult to obtain because only the Crown Prosecution service can apply. Besides, requirements of causing harassment, alarm and distress must be met.
An injunction is easier to obtain by the police or the council in the youth court than the Criminal Behaviour Order. It is because it has lesser requirements as the court has to only be satisfied that someone has engaged or threatens to engage in conduct which can cause nuisance. People between 14 and 17 years old can be punished for its breach by three months detention order. It is because the breach is a contempt of court. It is not an offence to allow people to change their behaviour. However, it may be more difficult to act effectively in relation to people younger than 14.
Nevertheless, there are plenty of options for us to solve issues with underage offenders, depending on their age and seriousness of their actions. But, it is necessary to report each incident to the council or the police. Otherwise, there is nothing that these organisations can do to help you. Even if we do not think that their behaviour is a huge inconvenience we should report it for their own good.
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