Youth watch December 2020∣Youth Hong Kong
In conflict with the law detention, diversion and discretion Youth crime and delinquency have provoked mixed responses around the world and legislation on criminal offences committed by young people differs from one jurisdiction to another and changes over time. In some countries, there are calls for improved rehabilitation, diversion from criminal proceedings and support for juvenile offenders. In others, more punitive approaches are advocated. Whereas acts of theft and serious interpersonal violence are commonly considered to constitute criminal offences, alcohol consumption and sexual behaviour in young people are tolerated to varying degrees. Sometimes these differences arise as a consequence of historical or cultural factors and they may be underpinned by religious laws, as in some Middle Eastern countries. Currently, there is no agency whose jurisdiction is tracking worldwide juvenile delinquency but UNICEF estimates that over one million children and young people under 18 are in some type of detention globally.1
International guidelines The UN Convention of the Rights of the Child supports the establishment of diversion programmes and includes a number of principles that are relevant to young offenders. Other key international standards that concern young
Diversion programmes Diversion is the placement of youth in programmes that divert them away from the juvenile justice system or from secure detention in a juvenile justice facility. Diversion takes place after they have committed a crime and often involves children who have unstable lives. In some countries, diversion is also used with adult offenders.
32
offenders include “The Beijing Rules”2, “The Riyadh Guidelines” and the UN Rules for the Protection of Juveniles Deprived of their Liberty, or JDL Rules. The UN General Assembly adopted The Beijing Rules on 25 November 1985. The drafting of these rules took place at a conference in Beijing and initially, they were called the Bill of Rights for Young Offenders. They are intended to strengthen the juvenile justice system everywhere.3
Mental health and juvenile crime Public opinion surveys suggest that many people think mental illness and violence go hand in hand. In one such survey, 60% of Americans thought that people with schizophrenia were likely to act violently toward someone else, while 32% thought that people with major depression were likely to do so.4 In fact, research suggests that such perceived ideas do not reflect reality. Most mentally ill individuals are neither violent nor criminals. Although some people with psychiatric disorders commit offences, findings have been inconsistent about how much mental illness contributes to this behaviour and how much substance abuse and other factors do.5 Nevertheless, some research offers correlations. In the UK, for example, children who end up in custody are three times more likely to have mental health problems than those who do not. They are also likely to have more than one problem, a learning disability and drug and/ or alcohol dependency, for example.6 In the US, between 65% and 70% of the 2 million children and adolescents arrested each year have a mental health disorder and studies also have shown that up to two-thirds of juveniles in the justice system with any mental health diagnosis had dual disorders, most often including substance abuse.7
