HARMONISATION OF THE LAW RELATING TO CRIMINAL ACCOUNTABILITY OF YOUNG OFFENDERS

Young offenders typically have multiple and complex needs across numerous domains, including mental health, family, peers and community. However, many of these young people also possess strengths that protect against further offending behaviour. Knowledge of the strengths and needs of young offenders, and the relationship between these factors and offending, is integral to the development of accurate risk assessment tools and effective treatment programs. However, research examining the depth and breadth of needs faced by young offenders in Australia remains limited, and research on protective factors is in relative infancy. One purported protective factor, resilience, has been inconsistently defined and has received little research attention in the offending literature despite its inclusion in some risk assessment tools. Arguably, information on the needs of Australian young offenders and clarification of the proposed protective factor of resilience and its association with offending is critical to help guide the development of valid risk assessment tools, as well as more targeted preventative and treatment initiatives. Against this background, the broad aims of this thesis were to (i) obtain data on the prevalence of a variety of needs related to offending including, but not limited to, mental illness, low intelligence and psychopathy in young adult offenders in Victoria, Australia; (ii) examine more closely the construct of resilience and attempt to clarify its conceptualisation; and (iii) explore whether resilience is associated with reoffending in young adult offenders. Three studies are reported. The first was an investigation of the prevalence of low intelligence, mental illness, and psychopathy in young adult offenders. Further, risk for reoffending, including an examination of criminogenic needs, was assessed. Based on semi-structured interviews and a variety of psychological tests, it was found that a large majority of the young offenders had likely Axis I disorders (including mood, anxiety, substance use, eating and psychotic disorders) and were assessed as being a high or very high risk of reoffending. Further, the prevalence of low intelligence was much higher than would be expected in the general population. The second study was an examination of the construct of resilience. A number of factors hypothesised to contribute to resilience, such as family and peer factors, mental health and intelligence, were considered to determine whether they contributed significantly to explaining resilience scores according to a well-validated resilience scale. Resilience was only found to be associated with the absence of a mental illness; however, less than six percent of the resilience score was explained by this factor. The third study explored the relationship between resilience and reoffending (defined as new charges). Recidivism data was obtained from official Victoria Police records. Resilience and a number of risk factors including intelligence, mental illness, and the total score on a risk assessment measure were examined to determine if and how resilience was associated with reoffending. Results showed no statistically significant relationship between resilience and subsequent criminal charges during 7-12 month follow-up. The risk assessment tool, intelligence, and having a history of assault were found to be significantly associated with reoffending; a simple multivariate model comprising the risk assessment measure total score and Full Scale IQ score was found to predict reoffending with good accuracy. Collectively, the findings from these three inter-related studies have implications for the assessment and treatment of young offenders. The high prevalence of both mental illness and low intelligence speaks to the need for adequate assessment of these issues when an individual enters the justice system. As mental illness and poor cognitive functioning have implications for an individuals’ ability to respond to treatment, as well as to serve their sentence and desist from offending, it is critical that they are adequately identified and intervention and management strategies are tailored according to individual’s needs. Importantly, the results also have implications for the conceptualisation of resilience, its measurement, and its inclusion in standardised risk assessment instruments. Results from this research provide clarification regarding which factors do and do not contribute to the construct of resilience. Further, resilience was not found to be associated with future offending. These results suggest contemporary risk assessment instruments incorporating resilience may require revision to ensure they incorporate only risk and protective factors with sound empirical support.

This research addresses the question of whether or not offenders who bully others and/or are victimised themselves can be distinguished by their attachment styles and the level of emotional loneliness that they report. Adult and young male offenders (n = 220) were required to complete a self‐report behavioural checklist (DIPC: Direct and Indirect Prisoner behaviour Checklist: Ireland, 1999a) that addressed the level of bullying behaviour at their present institution. Offenders were also required to complete a measure of attachment, namely the Three Attachment Style Measure [Hazan and Shaver, 1987] exploring secure, avoidant and anxious/ambivalent styles, and a measure of emotional loneliness, namely the revised UCLA Loneliness scale [Russell, Peplaw and Cutrona, 1980]. Young offenders were more likely than adult offenders to report behaviours indicative of ‘bullying others’ and of ‘being bullied.’ With regards to attachment style and bullying behaviour, significant differences were restricted to avoidant attachment; bully/victims reported higher avoidant scores than the other bully‐categories, with pure bullies and those not‐involved reporting lower avoidant scores. Finally, when considering emotional loneliness and bullying behaviour, bully/victims reported higher scores on emotional loneliness than the other bully‐categories, with the not‐involved group reporting significantly lower scores. Aggr. Behav. 30:298–312, 2004. © 2004 Wiley‐Liss, Inc.

To estimate the prevalence of HIV-1 infection among adult and young offenders admitted to remand facilities in the province of Ontario, Canada, by using a design that reduces volunteer bias. A study using a modified anonymous HIV-surveillance design was conducted with urine specimens routinely collected from male and female entrants to all Ontario jails, detention and youth centres between February and August 1993. Information on sex, age, and history of injecting drug use was also collected. Urine was screened using a modified commercial HIV enzyme-linked immunosorbent assay kit and confirmed using a modified in-house Western blot assay. Data were obtained on 10,530 adult men, 1518 adult women, 1480 young male offenders, and 92 young female offenders. Urine specimens were available for 88% of new entrants. Of the entrants, 1% (n = 163) refused to have their urine used for research. Refusals were not associated with history of injecting drug use. Overall rates of HIV-1 infection were 1% for adult men, 1.2% for adult women, and 0% for young offenders. Both the rates of infection and prevalence of injecting drug use varied across facilities and geographic regions. Overall, 13% of adult men, 20% of adult women, 3% of young male offenders, and 2% of young female offenders reported a history of injecting drug use. Rates of infection were highest among self-reported injecting drug users. Rates of HIV were 3.6% for adult men and 4.2% for adult women who injected compared with 0.6 and 0.5%, respectively, for non-injecting drug users. The use of unlinked left-over specimens is an important tool for measuring HIV-prevalence rates and should be encouraged. The results indicate that HIV rates are much higher among those entering prisons than in the general population. The pattern of HIV in Ontario prisons is similar to that reported in Europe and the United States. We are optimistic that these data will stimulate much needed efforts towards education and health promotion, and open the door to further research in Canadian prisons.

The article discusses the problem of young adult offenders in the light of provisions of current Polish criminal law and of criminological studies on this category of convicts over the years. Polish criminal code of 1997 in the article 115 paragraph 10 defines a young adult offender as a person 21 years old who commits a crime or a person under 24 years who is tried in a court of first instance. Two basic issues are involved in the notion of a young adult offender. First the age limits of the subject, second the character of penal measures to be used towards this particular category of offenders. Both issues are discussed at length in the article, particularly with respect to the fact that criminal law makes use of scientific findings from sociology, psychology and medicine to create normative regulations concerning conditions of liability of young adult offenders for their unlawful acts. As an example, one may discuss particular normative directives of the sentence provided for a young adult offenders as the court is obliged to, most of all, educate and resocialise. Educational and resocialisation aspect of the punishment does not mean that young adult offender are treated leniently, sometimes it may indicate a longer time of resocialisation and, at the same time, a longer imprisonment sentence to execute this objective . While sentencing a young adult offender, the court should decide in such a manner so that the liability of the accused is directed more into educational model than repressive one, yet this does not denote resignation from administering the penalty of unconditional imprisonment. Still, it needs to be admitted that in the Polish legal system there are few concrete provisions of law which define in detail how a young offenders should be treated which, according to the author, is somehow concerning. There are significant differences in criminal execution law. First, as a rule, young adult offenders should be imprisoned separately from adult ones. This is understandable because of susceptibility of young people to influence and pressure from adults. Moreover, young adult offenders are subject to system of programmed educational and resocialisation measures during imprisonment, which on one hand seems right, on the other evokes a series of questions and reservations. Discussion of normative situation of young adult offender are illustrated with selected criminological studies carried out so far concerning this category of offenders. Reported results of research show that young adult offenders have typical features characteristic for the whole group. Information on dysfunctional families and alcohol problems are always present. It is accompanied by low education level of their parents and their unemployment. Problems in the behavior of such offenders appear already in kindergarten age and increase during school education while the education process itself leaves a lot to be desired.

To investigate the predictive validity of psychopathic personality traits (assessed with the revised psychopathy checklist, PCL-R; Hare, 1991) for violent criminal recidivism among young offenders. The relationship between PCL-R psychopathy and violent re-offending was studied in 98 young (M=18.40, range 15-20 years) violent and sex offenders subjected to forensic psychiatric evaluation in Sweden during 1988-95. Subjects were followed during detainment and for 24 months in the community to first reconviction for a violent offence. We found a modest but significant association between PCL-R scores and violent recidivism, almost exclusively accounted for by behavioural criteria. Among 13 possible confounders tested, conduct disorder before age 15 and a young age at first conviction eliminated the relationship between psychopathy and violent recidivism in pair-wise logistic regression models. PCL-R psychopathy may be a less valid predictor for violent criminal recidivism among severe youthful offenders than among adult offenders.

Adolescents commit around 20 - 30 percent of all sexual offences and attempts have been made in the literature to distinguish between types of young sexual offenders. This study describes the understanding of nine Norwegian young male sexual offenders regarding sexual offences committed by them during adolescence, their childhood experiences and their suggestions on how to prevent juvenile sexual offending. The participants were interviewed with individual, semi-structured interviews and the rich data were analyzed with systematic text condensation. The young offenders’ understanding of mutuality in the relationship with their minor victim contributed to the sexual offence. Moreover, moral immaturity, learning difficulties or being a refugee, exposure to child pornography, impulsivity and high sexual arousal were described as having impacted on their offending. Findings suggest the need for further studies to understand the risk factors for juvenile sexual offending. Better knowledge about the legal framework of a sexual relationship and consequences of sexual abuse for both offenders and victims were highlighted to be the most important measure to prevent sexual abuse by juveniles in general.

Purpose: The study seeks to explore the civil and criminal liabilities arising from social media usage in the United Kingdom and the Kingdom of Bahrain. By delving into the legal complexities within these jurisdictions, the research aims to propose a unified model law that bridges the regulatory gaps across borders. The objective is to harmonize social media regulations, ensuring a consistent and effective legal framework capable of addressing the growing challenges of online harms, while safeguarding individual rights. Theoretical Reference: The study draws on theories of civil and criminal liability, regulatory frameworks for digital interactions, and perspectives on freedom of speech and data protection. These theoretical foundations guide the analysis of the legal complexities surrounding social media usage in both jurisdictions. Method; A doctrinal and comparative methodology is utilized. The research analyzes legal texts, case law, and scholarly literature to assess the civil and criminal liability laws in the UK and Bahrain, exploring the disparities and similarities between these legal frameworks. Results and Conclusion: The findings highlight significant disparities between the two jurisdictions. The UK has a comprehensive legal framework, including GDPR and the Online Safety Bill, which contrasts sharply with Bahrain's reliance on stringent criminal statutes and limited civil remedies. The study concludes that a balanced approach to regulation is necessary, one that protects individual rights while effectively addressing social media misuse. Implications of Research: The study’s implications are broad, suggesting that the UK’s robust legal framework can offer valuable insights for Bahrain and other jurisdictions. The proposed unified model law could enhance consistency and effectiveness in regulating social media globally, contributing to legal scholarship and informing future legal reforms and policy interventions. Originality/Value: The originality of this research lies in its comparative approach to analyzing social media liability laws in two distinct jurisdictions. The proposal of a unified model law is a novel contribution that could significantly influence global legal standards for social media regulation, offering a path toward more consistent and balanced legal frameworks.

Young offenders experience a higher prevalence of mental health disorders and substance use disorders than the general population, estimated to be between 70% and 90%. (Indig et al. 2011; Kenny et al., 2006; Lader et al., 2000; Teplin et al., 2002). In addition, comorbidities affect many young offenders, with over 60% presenting with two or more disorders (Justice Health & Forensic Mental Health Network and Juvenile Justice NSW, 2015). The prevalence of mental health disorders is higher among females, with young female offenders more likely to be diagnosed with anxiety and depressive disorders, as well as substance-induced disorders (Justice Health & Forensic Mental Health Network and Juvenile Justice NSW, 2015). 2015 YPI Aboriginal and Torres Strait Islander youth are over-represented within the juvenile justice system. In a report by the Australian Institute of Health and Welfare, it was found that 50% of young offenders in 2016–2017 identified as Aboriginal and/or Torres Strait Islander (Australian Institute of Health and Welfare 2018). Mental health and substance use disorders are the most common non-communicable diseases among this group with 33% reporting high to very high levels of psychological distress (Azzopardi et al. 2018). Furthermore, there is evidence to suggest that poor family cohesion and the presence of adverse events in this group of adolescents are a reliable predictor of negative mental health outcomes (Young et al. 2016). A recent Australian study reported the strongest predictor of incarceration and re-incarceration was problematic alcohol and drug use (Indig et al., 2016). Indig et al. found that young people who were heavy drinkers were seven times more likely to have been previously incarcerated and three times more likely to be re-incarcerated within 18 months. Indig et al. (2016) also found that illicit substance use was a consistent predictor of incarceration and re-incarceration. In addition to issues with drugs and alcohol, many incarcerated young people also report experiencing adverse childhood experiences during their childhood years with as many as 90% reporting at least one traumatic event (Ford et al., 2012). A recent Australian study found that 60% of young offenders reported a history of child abuse or neglect, 20% met the criteria for posttraumatic stress disorder (PTSD) (Moore et al. 2013). A history of adverse childhood experiences is the main predictor of a diagnosis of PTSD (Moore et al. 2013). Evidence suggests a link between exposure to adverse childhood experiences and the occurrence of various mental health difficulties among young offenders (McReynolds & Wasserman, 2011; Wasserman & McReynolds, 2011; Wilson et al., 2009). It is unfortunate that many troubled youth are not recognized as being distressed or having mental health difficulties, and so do not have access to appropriate mental health care. Furthermore, these young people and their families may have very low levels of mental health literacy. However, once these young people come to the attention of the justice system, we have an opportunity to raise mental health literacy and provide appropriate services. There is a need for programmes and services that address mental health and substance use issues to assist young people improve their health outcomes and reduce their offending behaviours. Programmes such as monthly recovery management check-ups in the first 90 days postrelease could help to achieve this outcome (Indig et al., 2016). Given the high rate of adverse childhood experiences in incarcerated youth and the known link to PTSD, we need to ensure that services are informed by a trauma informed approach (Moore et al. 2013). There is also an identified need to invest in prevention and early intervention for young people. Currently, there are diversion programmes offered within the local court system in NSW for adult offenders exhibiting mental health (Statewide Community & Court Liaison Service) or substance use disorders (Magistrates Early Referral Into Treatment (MERIT)). However, these programmes are not available to offenders under the age of 18 years and adolescent diversion programmes are not routinely or diversely available to young people residing outside of the Sydney metropolitan area. The mental health and substance use issues affecting young offenders challenge us to respond with effective interventions. Mental health nurses have an important role to play in improving the services and interventions available to these young people. Changes have been made to services for young offenders but more needs to be done. Research has shown that diversion and treatment services delivered in the community using a trauma informed approach are more effective in this population (Dierkhising et al. 2013). Moving forward, mental health nurses have an opportunity to take the lead in this important area.

Each year more than 56 000 adult and young offenders are admitted to Ontario's remand facilities (jails, detention centres and youth centres). The prevalence of HIV infection in Ontario remand facilities was last measured over a decade ago, and no research on the prevalence of hepatitis C virus (HCV) infection has been conducted in such facilities. We sought to determine the prevalence of HIV infection, HCV infection and HIV-HCV coinfection among inmates in Ontario's remand facilities. A voluntary and anonymous cross-sectional prevalence study of HIV and HCV infections was conducted among people admitted to 13 selected remand facilities across Ontario between Feb. 1, 2003, and June 20, 2004. Data collection included a saliva specimen for HIV and HCV antibody screening and an interviewer-administered survey. Prevalence rates and 95% confidence intervals were calculated and examined according to demographic characteristics, region of incarceration and self-reported history of injection drug use. In total, 1877 participants provided both a saliva specimen and survey information. Among the adult participants, the prevalence of HIV infection was 2.1% among men and 1.8% among women. Adult offenders most likely to have HIV infection were older offenders (> or = 30 years) and injection drug users. The prevalence of HCV infection was 15.9% among men, 30.2% among women and 54.7% among injection drug users. Adult offenders most likely to have HCV infection were women, older offenders (> or = 30 years) and injection drug users. The prevalence of HCV-HIV coinfection was 1.2% among men and 1.5% among women. It was highest among older inmates and injection drug users. Among the young offenders, none was HIV positive and 1 (0.4%) was HCV positive. On the basis of the study results, we estimated that 1079 HIV-positive adults and 9208 HCV-positive adults were admitted to remand facilities in Ontario from Apr. 1, 2003, to Mar. 31, 2004. Adult offenders entering Ontario remand facilities have a considerably higher prevalence of HIV and HCV infections than the general population.

Psychopathology might be a risk factor for terrorist offending as it is for violent offending. Therefore, we examined the prevalence of psychopathology in young and adult Jihadist terrorist offenders on the basis of primary source judicial information and forensic mental health reports with the European Database of convicted Terrorist offenders (EDT). We hypothesised that psychopathology might be associated with ideological risk factors, and that these associations might be different for young and adult terrorist offenders. Therefore, we examined whether and to what extent psychopathology is related to a violent ideology, to grievances and anger about perceived injustice. We investigated whether this differs among 120 adult and 46 juvenile terrorist offenders. We found that most adult and young Jihadist terrorist offenders with a forensic mental health report had psychopathological problems. Most frequently found were symptoms and traits of intellectual disability disorders, depressive disorders, psychotic/schizophrenic disorders, substance use disorders, and personality disorders. Most frequently found clinically relevant personality traits were problems with relationships, poor regulation of aggression, feelings of anger, and paranoid feelings. We found some first indications for a positive association between psychopathology and grievances and anger about perceived injustice. In the young terrorist offenders with depressive symptoms, grievances about perceived injustice were more often present than in young terrorist offenders without these symptoms. In adult terrorist offenders it was found that grievances about perceived injustice and the anger were related to cluster B personality traits. In addition, in both young and adult terrorist offenders expressed grievances about perceived injustice were related to problems with relationships. Further research into psychopathology in terrorist offenders seems necessary with larger groups of adolescents and adults in relation to ideological, personal and contextual risk factors and how these factors relate to different terrorist acts. This may lead to more knowledge about engagement into terrorism and possible disengagement from terrorism. It may also lead to the inclusion of psychopathology into violent extremism risk assessment tools.

Neuroscience is increasingly used to infer the cognitive capacities of offenders from the activity and volume of different brain regions, with the resultant findings receiving great interest in the public eye. This field experiment tested the effects of public engagement in neuroscience on attitudes toward offenders. Brainstorm is a play about teenage brain development. Either before or after watching this play, 728 participants responded to four questions about the age of criminal responsibility, and the moral responsibility and dangerousness of a hypothetical young or adult offender. After watching the play, participants perceived the young offender as less likely to reoffend than the adult offender and the young, but not adult, offender as less morally responsible for his actions, especially on the first offense. Therefore, public engagement in the newest arrival to the criminological scene – neuroscience – may shift support for different youth justice responses.

High rates of adverse childhood experiences (ACEs, e.g., abuse and neglect) have been found in young offenders. Furthermore, ACEs seem to increase the risk of developing relevant mental health problems, in non-offending juveniles and adults. However, this association has only seldomly been addressed in offending juveniles and young adults. The present study aimed at evaluating the prevalence of ACEs and mental health problems as well as their association within a sample of male and female young offenders. Altogether, 161 adolescent and young adult offenders (16.8% females) from the youth detention center Worms (Germany) filled out questionnaires concerning ACEs and mental health problems with a focus on attention-deficit/hyperactivity disorder and intermittent explosive disorder. Considerable rates of mental health problems were found, e.g., a prevalence of 35.9% was found for intermittent explosive disorder. Furthermore, a greater proportion of the female offenders fell into the clinically significant category for somatic complaints, anxiety/depression, and attention problems than the male offenders. Female young offenders also reported more frequently about all forms of ACEs compared to the male offenders. Latent class analysis defined three subtypes of young offenders depending on their individual ACE patterns: (1) low ACEs, (2) mainly neglectful ACEs, and (3) multiple ACEs. ACEs were significantly associated with the occurrence of both internalizing and externalizing mental health disturbances, with the multiple-ACE subtype being most likely to report about significant mental health problems. The results of the present study point towards the relevance to routinely assess ACEs in young offenders to identify possible precursors of mental health problems and of future criminal behaviors.

Substance use patterns and homicide in Finland, 2002-2022: Comparison of young and adult offenders.

The study of criminal liability against child offenders based on Law No. 11 of 2012 concerning the Criminal Justice System of Children and according to Islamic Criminal Law is a very interesting phenomenon to study, especially during this time many phenomena of a minor underage sitting in the accused and detained like a big villain just because of a trivial matter. This study includes the type of research library research, so in this study, researchers conducted data collection through the study and library research on books relating to the problems the authors studied. In analyzing this study, the authors used a comparative method that is comparing child criminal liability in positive criminal law based on Law No. 11 of 2012 concerning the Child Criminal Justice System, with child criminal liability in Islamic criminal law. In Islamic law, a child will not be subject to a punishment for the crime he committed, because there is no legal responsibility for a child of any age until he reaches the age of baliq, qadhi will only have the right to reprimand him or set some restrictions for him to help improve the child in the future. It is expected that this research can contribute to the renewal of national criminal law, especially regarding criminal liability committed by children, taking into account the concepts in Islamic criminal law.

Dealing with young offenders is one of the many concerns of the criminal justice system in any country. Young offenders are those who are over the age of 10 years and under the age of 17 years in Fiji. Due to their age, they are different from adult offenders, and thus the criminal justice system should also deal with them differently. This paper will consider the criminal justice system of Fiji and how it has tried to address the issue of young offenders under the criminal justice system. It will consider who is a young offender, what laws govern young offenders in Fiji and how they are dealt with once they come into contact with the criminal justice system. It will also consider the special protection that has to be provided for young offenders from arrest, investigation, bail stages till prosecution and sentencing stages.