
Juvenile Justice in the United Kingdom and Hong Kong: Historical and Modern Perspectives
- 1 The Independent Schools Foundation Academy
* Author to whom correspondence should be addressed.
Abstract
The 19th century saw the introduction of numerous acts in the United Kingdom relating to juvenile justice that emphasised rehabilitation and sought to protect the rights of child offenders. Since then, legislative and institutional changes have generally increased the leniency of the law towards acts of juvenile delinquency, but exceptional cases involving child killers have raised jurisprudential concerns relating to these acts. This paper explores the question of punishment in criminal law from the Victorian era onward, focusing on the disparity in treatment between juvenile and adult offenders, and summarises the relevant extant U.K. and Hong Kong legislation. The case of Sharon Carr, a woman convicted of murder for a thrill stabbing she had committed at age 12, is examined with a comparative approach with the judgement of Mary Bell, who was convicted of manslaughter for strangling two toddler boys. A conclusion on the evolution of the juvenile justice system through jurisprudential perspectives will be offered.
Keywords
Criminal Law, Juvenile Justice, Youth Courts, Jurisprudence
[1]. Jstor.org. (2024). The Evolution of Juvenile Delinquency in England 1890-1914 on JSTOR. Retrieved from https://www.jstor.org/stable/650234.
[2]. The National Archives. (2021). Victorian children in trouble with the law. The National Archives.
[3]. The National Archives. (2024). Reformatories and Industrial Schools, The National Archives. Nationalarchives. gov.uk. Retrieved from https://www.nationalarchives.gov.uk/default.htm.
[4]. Gillard, D. (2019). Youthful Offenders Act 1854.
[5]. Jstor.org. (2024). Mary Carpenter: 19th Century English Correctional Education Hero on JSTOR. Retrieved from https://www.jstor.org/stable/41971151.
[6]. Parliament.uk. (2014). Reformatory Schools Amendment Bill (Lords.) Retrieved from https://api.parliament.uk/historic-hansard/lords/1899/jun/08/reformadery-schools-amendment-bell-lords.
[7]. British Library. (2017). Juvenile crime in the 19th century.
[8]. Legislation.gov.uk. (2024). Children Act 1908.
[9]. Legislation.gov.uk. (2014). Children and Young Persons Act 1933.
[10]. Legislation.gov.uk. (2014). Children and Young Persons Act 1963.
[11]. Legislation.gov.uk. (2019). Age of Criminal Responsibility (Scotland) Act 2019.
[12]. Hooper, Ormerod. (2007). Section F19 Inferences from Silence and the Non-production of Evidence. Blackstone's Criminal Practice.
[13]. Government Digital Service (2012). Criminal courts. GOV.UK. Retrieved from https://www.gov.uk/courts/youth-courts.
[14]. Hong Kong e-Legislation. (1993). Crimes (Amendment) Ordinance 1993.
[15]. Hong Kong e-Legislation (2022). Cap. 226 Juvenile Offenders Ordinance.
[16]. Jstor.org. (2024). Sir Samuel Romilly and Criminal Law Reform on JSTOR.
[17]. Jstor.org. (2024). The Waltham Blacks and the Black Act on JSTOR.
[18]. The Statutes Project. (2019). 1823: 4 George 4 c.48: Judgement of Death Act.
[19]. Jstor.org. (2024). Patterns of Death Penalty Abolition, 1960-2005: Domestic and International Factors on JSTOR. Retrieved from https://www.jstor.org/stable/23256781.
[20]. Live, S. (2003). Katie killer set to fight murder conviction. Retrieved from https://www.getsurrey.co.uk/news/local-news/katie-killer-set-fight-murder-4853422.
[21]. Daniels, Alison (26 March 1997). Youngest female murderer jailed: Prison confessions trapped attacker. The Guardian.
[22]. Sharon Carr. (2022). Britain’s youngest female murderer who stabbed stranger and bragged about it “makes bid for release”. The Independent.
Cite this article
Liu,Z. (2024). Juvenile Justice in the United Kingdom and Hong Kong: Historical and Modern Perspectives. Lecture Notes in Education Psychology and Public Media,53,217-222.
Data availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
Disclaimer/Publisher's Note
The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of EWA Publishing and/or the editor(s). EWA Publishing and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content.
About volume
Volume title: Proceedings of the 3rd International Conference on International Law and Legal Policy
© 2024 by the author(s). Licensee EWA Publishing, Oxford, UK. This article is an open access article distributed under the terms and
conditions of the Creative Commons Attribution (CC BY) license. Authors who
publish this series agree to the following terms:
1. Authors retain copyright and grant the series right of first publication with the work simultaneously licensed under a Creative Commons
Attribution License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this
series.
2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the series's published
version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial
publication in this series.
3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and
during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See
Open access policy for details).