5th January 2011
A new report published today proposes that the current youth justice system in England and Wales should be extensively modified to allow for a far greater presence of restorative youth conferencing into the system.
The document, commissioned jointly by JUSTICE and The Police Foundation, is a companion piece to the July 2010 report of the Independent Commission on Youth Crime and Antisocial Behaviour, Time for afresh start, which provided a strategic blueprint for reform of the way society responds to offending and other antisocial behaviour by children and young people and called for a new principled framework for youth justice in England and Wales that would better protect the public, while restoring confidence in a system that is little trusted, through an end to the wasteful and ineffective use of custody for children and young people who pose no danger to the public or themselves and Investment in early help for children with chronic behaviour problems to cut the later costs of offending
Based on principle and the available international evidence, it suggests that a form of restorative justice should be introduced in England and Wales to deal with most cases of offending and antisocial behaviour committed by those under 18, replacing youth court appearances except in contested criminal cases and sentencing in cases where restorative youth conferencing was unsuccessful or inappropriate. It recommends that in very serious cases children would be heard by a modified youth court.
At present the underlying problems in the lives of children and young people who offend are tackled sporadically and incompletely; public money is wasted through unnecessary escalation, delays and duplication; the system often operates at a remove from victims of crime and the local community in general; and they are insulated from the mainstream services that are, or should be, helping the children and young people who appear before the courts. Unsurprisingly in these circumstances, the youth justice system is characterised by high rates of reoffending and low public confidence.
There is a formality and rigidity behind the system which allows for little to no discretion at all when dealing with youths which often lends itself to children being continually processed through the system instead of being diverted from the formal process and its penalties, such as criminal records and custody, which create barriers to future educational or employment opportunities.
In looking at international alternatives such as lay tribunals (Scotland), inquisitorial courts (France), welfare courts, reduced use of custody (Canada) and the flexible treatment of young adults (Germany) the report concluded that restorative youth conferencing offers the most acceptable and effective response to children and young people who offend. It responds more sensitively and appropriately to the needs of victims and communities in ways that enhance its suitability for working with young offenders, helping them to understand the consequences of their offending and to make amends.
Parties with a stake in a specific offence would come together to decide how to deal with its aftermath and implications for the future. Proceeding through negotiation rather than imposed solutions, conferences would focus on behaviour that harms other people, taking a diagnostic and problem-solving approach to engaging the child or young person and their family. It would aim to meet practical and emotional needs of victims, but it could also tackle wider community needs related to offending and antisocial behaviour.
A child or young person’s welfare needs, especially those linked to their patterns of offending, would need to be considered when agreeing an action plan but would not be central to the restorative process.
It is believed that such a system based on restorative justice would better:
Respect for rights in the penal system with prison as a last resort.