The Criminal Justice and Courts Act 2015 – Secure Colleges and the Legitimation of State Sponsored Violence

20 Pages Posted: 19 Jan 2016

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Date Written: January 2016

Abstract

The Criminal Justice and Courts Act 2015 empowers staff in secure colleges to subject young people in custody to dangerous force for the purpose of ensuring ‘good order and discipline’. The use of force to restrain young people in custody can cause serious physical injury, profound psychological damage and has contributed to the custodial deaths of two young people in 2004. Despite these dangers, in most youth custodial establishments the use of force remains high and has been increasing. The 2015 Act will further legitimise the use of coercive violence against vulnerable children, consequently sustaining the power imbalance between children and adults, diminishing the special status of childhood and violating the child's human rights. This comment considers the effectiveness of using force and argues that the deliberate infliction of pain should only be used as a last resort and exclusively to prevent harm to the child or others.

Suggested Citation

Arthur, Raymond, The Criminal Justice and Courts Act 2015 – Secure Colleges and the Legitimation of State Sponsored Violence (January 2016). The Modern Law Review, Vol. 79, Issue 1, pp. 102-121, 2016, Available at SSRN: https://ssrn.com/abstract=2717173 or http://dx.doi.org/10.1111/1468-2230.12168

Raymond Arthur (Contact Author)

University of Northumbria ( email )

Pandon Building
208, City Campus East-1
Newcastle-Upon-Tyne, Newcastle NE1 8ST
United Kingdom

HOME PAGE: http://www.northumbria.ac.uk/sd/academic/law/staff/raymondarthur

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