age of criminal responsibility sweden
The age of criminal responsibility in many European countries ranges between 14 and 16, but in England, Wales and Northern Ireland remains at 10. Chesney-Lind, M. and Pasko, L. (2004) The Female Offender. (1985) Omhändertagande av barn. At the state level, 33 states set no minimum age of criminal responsibility, theoretically allowing a child to be sentenced to criminal penalties at any age [Cipriani,D. under the social services, which retain the main responsibility for the young person and run the closed institutions according to the Enforcement of Custodial Youth Care Act 1998 (603). In other European countries, the age is significantly higher – at 14 in Germany, 15 in Sweden and 16 in Portugal. There is an inherent conflict between the different systems in terms of how to deal with young offenders. And we need to reflect our progressive commitment in legislative change, with a much higher age of criminal responsibility. The age of criminal responsibility there is officially eight, but government rules say children under 12 will not be prosecuted. The police officer, as the crime investigator, has the option of not reporting the crime to a prosecutor if it is considered ‘less serious’ and if the sanction would probably be a fine. The average age of criminal responsibility in Scandinavia is 15. There is an inherent conflict between the different systems in terms of how to deal with young offenders. 61-77. There are, however, special rules concerning waiving prosecution and other procedural matters (see II. Jareborg, N. and Zila, J. New York: Kluwer Academic/Plenum Publishers. The legal prerequisites of children in need, though, are almost the same today as they were in the first Child Act in 1902 (Bramstång 1985; Hollander 1985; Mattson 2002). Generally, when referring to the social services in this connection, it is mostly in terms of voluntary and care-orientated interventions, but recent changes in the criminal justice system have imposed new duties on social welfare authorities to provide ‘appropriate sanctions’ to handle youth offenders in a credible way (Proposition 1997/98:96; SOU 2004:122). In Sweden, co-operation between the social services and the criminal juvenile justice system is crucial throughout the whole legal process, from the preliminary investigation to the final decision in court. The change in the law means that children over the age of 9 can be arrested, taken to a police station, interviewed and charged with offences. (2000) Straffrättens påföljdslära. The suggested intervention can be compulsory or voluntary institutional care or supervision. By intertwining the social welfare with the criminal justice system it becomes more difficult for all involved to decide on what grounds interventions should be made. In S. White (ed) Handbook of Youth and Justice. Kumlien, M. (1997) Uppfostran och Straff. Girls are as good as invisible in this context, a circumstance that has worked to the detriment of girls and young women; this situation creates difficulties in developing resources to address the problems girls experience (Chesney-Lind 2001). 15 Denmark, Finland, Iceland, Norway, Sweden, Greece 16 Portugal Source: AIHW, Youth justice in Australia 2017-18 The UN Committee on the Rights of the Child maintains that ‘a minimum age of criminal responsibility under the age of 14 years is considered…not to be internationally acceptable’.12 The implication is that the social workers’ interventions should be in proportion to the culpability of the crime (BRÅ 2002). There are situations, however, when parental participation can be prohibited by the investigator – for example, where there is a severe conflict between parent and child, or if the parents attempt to impede the investigation (Clevesköld and Thunved 2001). endobj Redogörelse för barnpolitiken i Sverige med utgångspunkt i FN:s konvention om barnets rättigheter [Government Bill: Children – Here and Now. The definition of what constitutes a crime varies between countries, as do the lower and upper age limits for juvenile status, police practices and differences in the administration of justice. The extent of youth crime is difficult to measure. SOU 1993:35 Reaktion mot ungdomsbrott. [Crime Prevention Council, Official Crime Statistics of Sweden]. Proposition 1987/88:120 Om ändring i brottsbalken, straffmätning och påföljdsval m.m. 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Proposition 1962:10 Om brottsbalkens införande [Government Bill: The New Criminal Code in Sweden]. The issue of whether to lower the criminal age of responsibility came to the fore after a case last year in which a 13-year-old boy confessed to police that he had killed a 10-year-old girl. The Criminal Code also contains general provisions on all offences, In general, imprisonment is avoided under 21. The changes to the age of criminal responsibility in England over below). London: Jessica Kingsley Publishers. SOU 2004:122 Ingripande mot unga lagöverträdare [The Swedish Governments Official Report: Actions against Juvenile Offenders]. Proposition 2000/01:80 Ny socialtjänstlag [Governement Bill: A New Social Services Act]. Actual and proposed reforms during the last decade have aggravated the conflict between dealing with young people who commit crimes as ‘children in need’ or as ‘young offenders’. The average age of criminal responsibility in Scandinavia is 15. 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