This paper seeks to consider the youth justice system from a custody perspective.
This paper presents the recent history of the secure estate and youth justice in England and Wales, arguing that the present system is far too large, complex and costly and contains perverse incentives to place vulnerable young people in low‐cost but dangerously inappropriate settings.
The paper argues that the present, labyrinthine arrangements, which are in large part, a product of political posturing and administrative and fiscal expediency, have produced a system that is too large and in which most institutional regimes are unresponsive to the needs of these children and, as a result, fail to achieve their rehabilitative objectives.
It is contended that if existing child care and criminal justice legislation were fully implemented, and policy and practice were aligned with international children's rights conventions, we would see a greater emphasis on prevention and diversion at the “front end” of the system and “regime change” at the “back end”.
