NCJ Number
196407
Journal
British Journal of Criminology Volume: 42 Issue: 3 Dated: Summer 2002 Pages: 476-495
Date Published
2002
Length
20 pages
Annotation
This article examines some recent attempts to introduce elements of restorative justice into the youth justice system in England and Wales.
Abstract
The Youth Justice and Criminal Evidence Act 1999 is the second wave of reforms introduced by the New Labour Government as part of its transformation of youth justice in England and Wales. Both acts claim to build on principles underlying the concept of restorative justice, which involves the "3R's" of restoration, reintegration, and responsibility. This paper outlines the background to the reforms and assesses some of their implications, particularly regarding the restorative justice elements in the Youth Justice and Criminal Evidence Act 1999. Of all restorative justice initiatives undertaken, arguably the most significant has been the creation of referral orders. Under a referral order, a youth attends a Youth Offender Panel (YOP). YOP's are designed to provide a less formal context than court for the offender, the victim, their supporters, and members of the community. A parent, or both parents, of the juvenile offender under age 16 are expected to attend all YOP meetings in all but exceptional cases. Through a mediation process a "contract" with the young offender is developed, under which the youth will perform designated activities for the duration of the referral order. The contract always includes reparation to the victim or wider community, as well as a program of activity designed primarily to prevent further offending. If no agreement can be reached or the offender refuses to sign the contract, then he/she will be referred back to court for resentencing. The use of YOP's involves a significant shift away from a court-based judicial model in which the parties are represented rather than speak for themselves. Further, instead of an emphasis on punishment, there is a focus on restoration and reintegration of the offender into the wider community. It is too early in the implementation of referral orders to determine whether they involve a significant change in the structure and operation of youth justice in England and Wales. Over time the restorative justice reforms must be protected against formalization, professionalization, and centralization, as well as countervailing "managerialist" forces. 42 references