This paper concerns the impact of measures to regulate antisocial and criminal behaviour by young people (aged 10 to 17 years) in England and Wales. Whilst there is ample evidence of increased criminalisation it is important to note the existence of contrary trends. It is suggested that the increased criminalisation may (in some instances at least) be more by accident than by design. Thus current trends need not necessarily reflect a desire to be more punitive, or be the outworking of a neo-liberal agenda. It is suggested that uncritical accounts of “the punitive turn” may contribute to the social construction of “punitiveness” as a social fact and impede the advent of more progressive policies.