Critical Analysis of Parliamentary Sovereignty: Case Law and Meaning of Young Offender

Introduction

In England and Wales, a person is considered fit to stand trial at the age of 10, but in recent years it has been shown that the brain’s neural circuits still undergo major development in a person’s youth. The prefrontal cortex, for instance, although responsible for cognitive control, decision making, and impulse control, will not develop fully until around the age of 20. With the new awareness of how gradually a child’s brains develops, the criminal liability could be ‘unreasonably low’ in England and Wales. I will argue that Parliamentary Sovereignty remains the fundamental principle of the constitution despite the rising powers of courts that limit its traditional definition.

This assignment will begin by discussing Case Law, namely Factortame, Jackson, and the Belmarsh case, in relation to how a broader scope of the roles of the courts in recent years has not adequately diminished the sovereignty of Parliament. The second part of the essay is a brief discussion of the court’s inability to uniformly decide on the importance of Parliamentary Sovereignty. The third part of the essay uses the role and value of Parliamentary Sovereignty to fortify it being a fundamental principle of the UK constitution.

Meaning of Young Offender

On the one hand, according to Sheila Brown, we are born, we grow older and we die. Attributes attached to the intervening years like ‘childhood’, ‘elderly’, etc. are largely social and the expectations attached to age are culturally produced and sustained. She goes on to argue that a person’s course of life is determined by “a web of socially produced notions of age-appropriate behaviour and identity.” Therefore, what we deem to be social order is subtly outraged anytime a person deviates from these expectations attached to their age group.

Perhaps Rousseau appeals greater to what we have come to understand as the definition of the term by saying, ‘childhood is the sleep of reason’, a time of innocence and irrationality and generally means every human being below the age of 18. Former Cabinet Minister, David Lidington seemed to agree with this when he opposed proposals for a reduction of voting age by concluding that under-18s lack the “maturity and responsibility” to vote. He goes further to say that at the age of 18, the government can authorise young men and women to exercise their full rights and responsibilities. Therefore, it will not be far fetched to say that a young offender is anyone below the age of 18 who commits a crime.

Sentencing young offenders – Julian Roberts and Mike Hough

There is a penal trend in the US that promotes the use of adult sentences for young offenders; this approach emphasises on crime and prosecution and does not fully take the offender’s age into account. This gears towards a Justice based approach to young offenders where the punishment is based on the severity of the crime. Alternatively, the offender’s age should be relevant to their level of culpability.

Young offenders – BBC.CO.UK

‘Locking up young people in adult jails with nothing to do is the surest way to create the hardened criminals of tomorrow,’ said Juliet Lyon, director of the Prison Reform Trust. – argument for not locking them up

‘For many young offenders, intensive community approaches that nip offending behaviour in the bud are more effective than a prison.’ – prove the point of other forms of punishment

Offenders aged under 18 receive shorter sentences in the UK because authorities believe the focus should be on rehabilitation, welfare, and support instead of punishment.

Most are sent to Young Offenders Institutions where more opportunities for education are offered. – how effective have these programs been so far?

While the justice system should hold juvenile offenders accountable for their actions, Danny Kruger, Chief Executive of Crime Prevention Only Connect, said that it must also help rehabilitate them by responding directly to their specific needs. Rehabilitation will always be important

Kruger added that young people are more vulnerable than adults because they have not had enough time to heal from any childhood traumas and their brains are not fully developed. Add to the cognitive factors and arguments for

Former Minister of Justice, Jeremy Wright, proposed that the level of education offered to young offenders in youth offender’s institutions should be twice as high to cut the re-offending rates of young offenders. Such young offenders must learn certain skills to secure jobs. What can we do different to help