The aim of this paper is to examine how the legal framework for the custody of children in Northern Ireland has developed historically. Drawing upon legislation and literature, it explores the conceptual and historical development of institutions and provisions for the custodial disposal of children, within a broad overview of the wider social and political context. This, it is argued, shows how custodial provision for children remains significantly influenced by nineteenth century philosophies and institutional practices, and that in effect the custodial disposal of children remains ‘locked in the past’.
Belfast Telegraph (2013) Further arrests over allegations of abuse at former Co Down young offenders centre. 16May [online].
4.
BosworthM (2001) The past as a foreign country? Some methodological implications of doing historical criminology. British Journal of Criminology41(3): 431–442.
5.
BoyleKHaddenTHillyardP (1975) Law and State: The Case of Northern Ireland. London: Martin Robertson and Co.
6.
BradyEPattersonEMcKinney K, HamillRJacksonP (eds) (2011) In the Footsteps of Anne: Stories of Republican Women Ex-Prisoners. Belfast: Shanaway Press.
7.
BrownG (2010) Child Migration. Hansard HC Debvol 506 col 301–309 (24February).
8.
CaulB (1985) A comparative study of the juvenile justice systems of Northern Ireland and the Republic of Ireland. Unpublished PhD Thesis, Trinity College Dublin, Ireland.
9.
CaulBPinkertonJPowellF (eds) (1983) The Juvenile Justice System in Northern Ireland. Jordanston: Ulster Polytechnic.
10.
CawsonPMartellC (1979) Children Referred to Closed Units. London: HMSO.
Children and Young Persons Review Group (CYPRG) (1979) Report of the Children and Young Persons Review Group (The Black Report). Belfast: The Stationery Office.
13.
CollinsH (1982) Conquest and Colonisation. Dublin: UCD.
14.
Commission to Inquire into Child Abuse (CICA) (2009) Commission to Inquire into Child Abuse Report. Volumes I to V. Dublin: The Stationery Office.
15.
Committee on the Rights of the Child (CRC) (1995) Consideration of Reports Submitted by States Parties Under Article 44 of the Convention: Concluding Observations of the Committee on the Rights of the Child: United Kingdom of Great Britain and Northern Ireland. CRC/C/15/ADD.34 27January. Geneva: United Nations Committee on the Rights of the Child.
16.
ConveryU (2002) The Use and Nature of Custody for Children in the Northern Ireland Criminal Justice System. Unpublished PhD Thesis, University of Ulster, Ireland.
17.
Criminal Justice Review Group (CJRG) (1998) Review on the Criminal Justice System in Northern Ireland: A Consultation Paper. Belfast: The Stationery Office.
18.
FarrellM (1976) Northern Ireland: The Orange State. London: Pluto Press.
19.
GarlandD (1985) Punishment and Welfare: A History of Penal Strategies. Aldershot: Gower.
20.
GelsthorpeLMorrisA (1994) Juvenile Justice 1945–1992. In: MaguireMMorganRReinerR (eds) The Oxford Handbook of Criminology. Oxford: Clarendon Press, pp. 949–993.
21.
GreerSWhiteA (1986) Abolishing the Diplock Courts. London: The Cobden Trust.
22.
HagellAHazelN (2001) Macro and micro patterns in the development of secure custodial institutions for serious and persistent young offenders in England and Wales. Youth Justice1(1): 3–16.
23.
HardingCKoffmanL (1995) Sentencing and the Penal System: Text and Materials (2nd ed). London: Sweet & Maxwell.
24.
HaydonD (2008) Northern Ireland NGO Alternative Report. Belfast: Save the Children/Children’s Law Centre.
25.
HC Northern Ireland Committee (1980) Minutes of proceedings on consideration of the matter of the report of the Review Group on Legislation and Services for Children and Young Persons in Northern Ireland (1979/80 HC 825, Wednesday, 5 November). London: Her Majesty’s Stationery Office.
26.
HeenanDBirrellD (2011) Social Work in Northern Ireland: Conflict and Change. Bristol: The Policy Press.
HendrickH (2006) Histories of Youth Crime and Justice. In: GoldsonBMuncieJ (eds) Youth Crime and Justice. London: Sage Publications, pp. 3–16.
29.
HindeR (1951) The British Penal System 1773–1950. London: Gerald Duckworth & Co. Ltd.
30.
HM Chief Inspector of Prisons (CIP) (1995) Report on HM Young Offenders’ Centre Hydebank Wood (Northern Ireland). Report by HM Chief Inspector of Prisons. London: Home Office.
31.
HM Chief Inspector of Prisons (CIP) (1997a) HM Prison Maghaberry (Northern Ireland). Report of an Unannounced Full Inspection. London: Home Office.
32.
HM Chief Inspector of Prisons (CIP) (1997b) Women in Prison: A Thematic Review. London: HMSO.
33.
HM Inspectorate of Prisons for England and Wales (HMIP) (1996) Patient or Prisoner? A New Strategy for Health Care in Prisons: A Discussion Paper by HM Inspectorate of Prisons for England and Wales. London: Home Office.
34.
HM Inspectorate of Prisons for England and Wales (HMIP) (1997) Young Prisoners: A Thematic Review by HM Chief Inspector of Prisons for England and Wales. London: Home Office.
35.
HorganGSinclairR (1997) Planning for Children in Care in Northern Ireland. London: National Children’s Bureau.
36.
HumphreysM (2011) Empty Cradles (Oranges and Sunshine). London: Corgi Books.
37.
HunterJ (1970) The Development of Training School Provision for Delinquent Boys in Ulster Since 1860. Unpublished PhD Thesis, Queen’s University Belfast, Northern Ireland.
38.
IgnatieffM (1978) A Just Measure of Pain: The Penitentiary in the Industrial Revolution 1750–1850. London: Macmillan.
39.
KellyB (1992) Children Inside: Rhetoric and Practice in a Locked Institution for Children. London: Routledge.
40.
Irish Times (1995) Suspended term on sex charges. 20December, p. 4.
41.
KellyG (1979) Social Work in the Courts in Northern Ireland. In ParkerH (ed) Social Work and the Courts. London: Edward Arnold, pp. 172–189.
42.
KellyR (1968) The Roots of Rathgael. Bangor: Spectator Publications.
43.
KennedyH (1979) Report of a Public Inquiry into the Proposed Permanent Use of Lisnevin School Newtownards as a Training School/Remand Home Under the Children and Young Persons Act (Northern Ireland) 1968. Belfast: HM Stationery Office.
44.
KingP (1998) The rise of juvenile delinquency in England 1780–1840: Changing patterns of perception and prosecution. Past and Present160(1): 116–166.
45.
KnepperPSciclunaS (2010) Historical criminology and the imprisonment of women in 19th-century Malta. Theoretical Criminology14(4): 407–424.
46.
KohliM (2003) The Golden Bridge: Young Immigrants to Canada, 1833–1939. Toronto: Natural Heritage Books.
47.
LockhartW (1995) Diversion – community schemes: An overview. In: IAJFCM Growing Through Conflict: The Impact of 25 Years of Violence On Young People Growing up in Northern Ireland, Belfast: Conference Proceedings Regional Seminar3–7 April.
48.
LuddyM (1995) Women and Philanthropy in Nineteenth-Century Ireland. Cambridge: Cambridge University Press
49.
McVeighR (1994) “It’s Part of Life Here….” The Security Forces and Harassment in Northern Ireland. Belfast: CAJ.
50.
MelossiD (1987) The law and the state as practical rhetorics of motives. In: LowmanJMenziesRPalysT (eds) Transcarceration: Essays in the Sociology of Social Control. London: Gower Publishing Company, pp. 27–42.
O’MahonyDDeazleyR (2000) Juvenile Crime and Justice: Review of the Criminal Justice System in Northern Ireland. London: HMSO.
54.
O’SullivanEO’DonnellI (eds) 2012Coercive Confinement in Ireland: Patients Prisoners and Penitents. Manchester: Manchester University Press.
55.
ParkerR (2010) Uprooted: The Shipment of Poor Children to Canada, 1867–1917. University of Bristol: The Policy Press.
56.
ParrJ (1980) Labouring Children: British Immigrant Apprentices to Canada, 1869–1924. London: Croom Helm.
57.
ParsloeP (1978) Juvenile Justice in Britain and the United States: The Balance of Needs and Rights. London: Routledge and Kegan Paul.
58.
PearsonG (1983) Hooligan: A History of Respectable Fears. London: Macmillan.
59.
PinkertonJ (2003) From parity to subsidiarity? Children’s policy in Northern Ireland under New Labour: The case of child welfare. Children & Society17(3): 254–260.
60.
Prison Review Team (PRT) (2011) Review of the Northern Ireland Prison Service: Conditions, Management and Oversight of All Prisons. Belfast: DOJ.
61.
QuinlanC (2011) Inside Ireland’s Women’s Prisons Past and Present. Dublin: Irish Academic Press.
62.
RaynorP (1997) Some observations on rehabilitation and justice. The Howard Journal36(3): 248–262.
63.
RafteryMO’SullivanE (2001) Suffer The Little Children: The Inside Story of Ireland’s Industrial Schools, 2nd ed. Dublin: New Island Books.
64.
ReidyC (2009) Ireland’s ‘Moral Hospital’: The Irish Borstal System, 1906–1956. Dublin: The Irish Academic Press.
65.
RobinsJ (1980) The Lost Children: A Study of Charity Children in Ireland 1700–1900. Dublin: Institute of Public Administration.
66.
RowlandR (1973) Report of a Public Inquiry into the Proposed Siting of Lisnevin Training School at Milecross, Newtownards. Belfast: HM Stationery Office.
67.
RutherfordA (1986) Prisons and the Process of Justice. Oxford: Oxford University Press.
68.
SmythMFayMTBroughJHamiltonJ (2004) The Impact of Conflict on Children in Northern Ireland. Belfast: Institute for Conflict Research.
69.
Social Services Inspectorate (SSI) (1989) Residential Child Care in Northern Ireland: The Training Schools. October. Belfast: DHSS.
70.
Social Services Inspectorate (SSI) (1998a) Overview Report of Inspection of Rathgael Centre 1997. Belfast: DHSS.
71.
Social Services Inspectorate (SSI) (1998b) Overview Report of Inspection of St. Patrick’s Training School 1997. Belfast: DHSS.
72.
StewartGTuttN (1987) Children in Custody. Aldershot: Avebury.
73.
StewartJ (1995) Children, parents and the state: The Children Act 1908. Children & Society9(1): 90–99.
74.
Training School Research Group (TSRG) (1976a) Especially Difficult Boys: An Exploratory Study. Rathgael: Rathgael Training School.
75.
Training School Research Group (TSRG) (1976b) Analysis of the Rathgael Training School Population. Rathgael: Rathgael Training School.
76.
WilsonDKerrHBoyleM (1998) Juvenile Offenders and Reconviction in Northern Ireland. Belfast: Northern Ireland Office Research Findings.
77.
Youth Justice Review Team (YJRT) (2011) A Review of the Youth Justice System in Northern Ireland. Belfast: Department of Justice.
