Comparative Analysis of Juvenile Homicide Offenders: A Review of Sentencing and Dispositions in Belgium vs. England and Wales

• In Event: Children convicted of homicide: criminal justice responses

Abstract

This study explores the judicial responses to juvenile homicide offenders (JHOs) in Belgium, compared to England and Wales focusing on sentencing and dispositions. It provides a comprehensive overview of the legal frameworks, sentencing options, and factors influencing judicial decisions in both jurisdictions.

A comparative analysis showed differences in the age of criminal responsibility, set at 18 years in Belgium and 10 years in England and Wales, representing two extremes within Europe. The judicial system in England and Wales emphasises a blend of punitive and rehabilitative measures, considering the offender's age, maturity, and the nature of the crime. This approach allows for severe sentences, such as detention during His Majesty's Pleasure for serious offenses, which equate to life sentences. In contrast, the Belgian model prioritises youth protection and restorative justice, with a strong focus on rehabilitation and reintegration. Sentencing options in Belgium include educative measures, and/or placement in youth institutions. A common practice is the judicial transfer, which allows youth judges to transfer cases involving juveniles to the adult justice system (e.g., Crown Court), though this is applied differently in each country.

The findings of this study contribute to the ongoing discourse on juvenile justice, offering valuable insights into the measures used to address juvenile homicide. By highlighting the contrasting approaches of England and Wales and Belgium, the study underscores the importance of tailored judicial responses that balance punitive and rehabilitative measures.

Author

• F. Jeane Gerard, University of Westminster