This article draws on the theories of Michel Foucault to develop a particular characterisation of the Crime and Disorder Act 1998. In short, it is argued that Foucault’s historical portrayal of the penal system finds clear and strong echoes in the recent UK criminal justice legislation. The development of sophisticated techniques of discipline and control found in key aspects of the 1998 Act reflects his description of finely graded and systematically applied interventions in the context of delinquent (and pre-delinquent) behaviour. The implications of this are considered, both for the burgeoning machinery of youth justice, and also for young people who are likely to be subjected to these intensified forms of coercive practice.
References
1.
Beck, U. (2000) Politics of Risk Society, in Franklin, J. (Ed.) The Politics of Risk Society. London, Institute for Public Policy Research .
2.
Bell, A. , Hodgson, M. and Pragnell, S. (1999) Diverting Children and Young People from Crime and the Criminal Justice System, in Goldson, B. (Ed.) Youth Justice: Contemporary Policy and Practice. Aldershot, Ashgate .
3.
Bell, C. (1999) Appealing for Justice for Children and Young People: A Critical Analysis of the Crime and Disorder Bill 1998, in Goldson, B. (Ed.) Youth Justice: Contemporary Policy and Practice. Aldershot, Ashgate .
4.
Crime and Disorder Act 1998. London, The Stationery Office .
5.
Criminal Justice Act 1982. London, The Stationery Office .
6.
Donzelot, J. (1979) The Policing of Families. Baltimore, John Hopkins .
7.
Foucault, M. (1975) Discipline and Punish. London, Peregrine .
8.
Garland, D. (1990) Punishment and Modern Society. Oxford, Clarendon Press .
9.
Giddens, A. (1991) Modernity and Self-identity. Cambridge, Polity Press .
10.
Home Office (1997) No More Excuses: A New Approach to Tackling Youth Crime. London, The Stationery Office .
11.
Home Office (2000) Crime and Disorder Act: Community-based Orders. London, Home Office .
12.
Ignatieff, M. (1985) State, Civil Society and Total Institutions: A Critique of Recent Social Histories of Punishment, in Cohen, S. and Scull, A. (Ed.) Social Control and the State. Oxford, Blackwell .
13.
Pragnell, S. (2001) Report to Northamptonshire Youth Offending Team Steering Group, unpublished.
14.
Smith, D. (1999) Social Work with Young People in Trouble: Memory and Prospect, in Goldson, B. (Ed.) Youth Justice: Contemporary Policy and Practice. Aldershot, Ashgate .
15.
Smith, R. (1995) Margaret Thatcher: Soft on Crime, unpublished paper.
16.
Social Exclusion Unit (2001) Preventing Social Exclusion. London, The Cabinet Office (also on www.cabinet-office.gov.uk/seu/2001/pse).
17.
Waters, J. (2001) Payback Time for Young Offenders?Community Care. 3-9 May, 12 .
18.
Youth Justice and Criminal Evidence Act 1999. London, The Stationery Office .
