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Chapter<br />

5<br />

JUVENILE OFFENDING<br />

Development of the juvenile justice system - pre 1950<br />

In order to understand the juvenile justice system as it was in 1950 it<br />

is important to have an understanding of the key factors that<br />

influenced its development. One of the most important of these was<br />

the Lynn Committee, which was appointed in 1935. The Committee<br />

recommended changes in the law regarding the protection and<br />

welfare of the young and the treatment of young offenders. Its terms<br />

of reference were influenced by many features that had been<br />

introduced in England by the Children and Young Persons Act 1933.<br />

The underpinning ideas of the 1933 Act, which have influenced the<br />

juvenile justice system in Northern Ireland over a long period of time<br />

were:<br />

• that children coming before the courts should be dealt with<br />

separately from adults;<br />

• that concern for their "welfare" should be a major factor in all<br />

proceedings criminal or civil; and<br />

• an acknowledgement that the distinction between children who<br />

offend and children who come from deprived backgrounds is<br />

often an artificial one.<br />

There was also a widely held view that supported the "treatment"<br />

for young offenders in a residential setting. In practice this resulted in<br />

residential sentences for child offenders for sometimes quite minor<br />

offences which could last up to 3 years. They were seen as providing<br />

the child with help and guidance that the child "needed." It is easy<br />

to underestimate how radical this view of childhood actually was.<br />

Readers of Oscar Wilde's collected letters may recollect how Wilde<br />

wrote to the Times newspaper in support of a prison officer who was<br />

dismissed for giving a young child a "sweet biscuit" because the child<br />

was crying and found prison food too hard to digest. Between Oscar<br />

Wilde's time in Reading jail in the 1890s and the 1933 Act something<br />

radical had happened to the collective conscience of public policy<br />

50 YEARS OF CHILD CARE IN NORTHERN IRELAND<br />

105

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