Abstract

International human rights law states that child well-being must be paramount. The aims of the Youth Justice System in England and Wales should reflect this, but the present system fails to do so as its aims are various and lack coherence. This article argues that this incoherence emanates from an apparent conflict between welfare and crime prevention. The authors argue that this dichotomy is false if one recognises that crime will only be prevented by prioritising the welfare and well-being of the child offender. Adopting this approach would satisfy international obligations and reduce the risk of offending and reoffending.

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