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Under the United Nations Convention on the Rights of the Child, children in conflict with the law are entitled to dignity and respect for their rights within a youth justice system adapted to their age and circumstances. The United Nations Convention on the Rights of the Child recognises the necessity of ensuring that children's rights are protected during the criminal process, emphasising the importance of legal advice, information and support to enable their participation in the process. Police questioning can be a particularly difficult experience for children, given their vulnerability and immaturity and yet it can have very serious consequences for children. This article examines the rights of the child during police questioning, from the perspective of children themselves. Presenting the findings of a study of children's experiences of their rights when being questioned by the police (An Garda Síochána) in Ireland, the article highlights the need to adapt police questioning processes to the needs and circumstances of the child, while emphasising the powerful case for greater involvement of children in research about criminal justice and policing so that their experiences of their rights can be better understood. [ABSTRACT FROM AUTHOR]

Building on recent literature on the importance of local grounded comparison and the ‘fracturing’ of the penal state, this article argues that within-case comparison of the adult and youth justice systems can shed important light on the stark differences that persist in how and why we punish. Using the case of Irish youth justice to illustrate the utility of fracturing the penal state horizontally, as well as vertically, we argue that this provides a helpful lens for making sense of the drivers of penal policy, especially the historical particularities of any penal phenomenon. [ABSTRACT FROM AUTHOR]

Although the Risk, Need, Responsivity model of rehabilitation is rooted in a substantial body of research evidence, several studies of the model's efficacy in youth and adult justice settings within England and Wales have revealed modest outcomes. In this article, we contend that the findings do not necessarily reflect deficits in the model. Rather, a growing corpus of research now indicates that poor practice integrity or inadequate implementation of the model's principles is a key but under-researched factor that undermines the efficacy of interventions based on the model. We also present the findings of a study that explored applications of the model in three Welsh youth justice services and we examine possible means of bridging the gap between research evidence and real-world practice. [ABSTRACT FROM AUTHOR]

This article examines critically the persistently antagonistic relationship – across the past quarter-century – between the provisions of international human rights instruments and the nature and direction of youth justice reform in England and Wales. It introduces the core provisions of the human rights framework that pertain to youth justice and it sketches the nature and direction of policy reform over the 25-year period under scrutiny (1991–2016). To obtain a comprehensive sense of the relationship between human rights and youth justice reform in the jurisdiction, it applies a detailed systemic analysis; beginning at the point at which criminal responsibility is formally imputed and progressing through each stage of the youth justice system, up to the point where the child might ultimately be deprived of her/his liberty. By taking a ‘long-view’ of youth justice reform and by adopting a systemic end-to-end analysis of the human rights–youth justice interface, the article presents an analytical account of both change (policy reforms) and continuity (the enduring nature of human rights violations). [ABSTRACT FROM AUTHOR]

Despite continuing interest in English and Welsh youth justice policy there has been little critical engagement with the nature of policy itself. Instead, analyses share a common methodological position whereby ‘policy’ is equated with policy ‘products’ (such as legislation or ministerial speeches). This article argues that to understand youth justice policy a wider view is required of what constitutes policy, and where and by whom it is made. It explores how policy is produced in the complex arena of social practice which, following the establishment of the Youth Justice Board for England and Wales (YJB), now constitutes the central operation of the system. Through the creation of the YJB the central youth justice system became essentially undefined. This not only gave YJB officials significant influence in shaping the direction of the youth justice system, but a broad and flexible arena in which to act. Moreover it enabled them to do so according to values and objectives potentially unconnected to ministerial outcomes. Drawing on an ethnographic study of the operation of the YJB, this article explores the policy-making work of YJB officials through the transformation of the role and activities of the YJB itself, comparing the initial parameters of its operation to the way it was defined in action. The article discusses the implications for understanding New Labour’s English and Welsh youth justice policy, and the nature of ‘policy’ itself. [ABSTRACT FROM AUTHOR]

The New Zealand youth justice system emerged as a ‘new paradigm’ in the early 1990s. This model of reintegration, restorativeness, diversion and family empowerment has been highly influential worldwide. The New Zealand system has remained stable and non-punitive in the context of a volatile and punitive adult criminal justice system and the ‘punitive turn’ in the youth justice systems of similar jurisdictions. Significant reforms have been made through amending legislation in 2010. Here, three significant conceptual shifts underpinning the recent reforms are discussed. It is suggested that the New Zealand youth justice system is ‘playing catch-up’ both with the adult system, and with comparable jurisdictions. Nevertheless, those factors which allowed the youth justice system to remain non-punitive up to now may act to mitigate the potentially harsh effects of the legislative changes. [ABSTRACT FROM PUBLISHER]

This article discusses youth justice services in Wales in the context both of devolution and the wider social policy agenda of successive Welsh Assembly Governments. It sets out the operating arrangements and outcomes achieved by Youth Offending Teams in Wales, before arguing that a specific approach has been developed to policy and practice in this field in the post-devolution period. The article traces the main features of this approach, locating it in the wider contexts of the United Nations Convention on the Rights of the Child and the development of broader children's policy in Wales. The discussion ends with an account of the most recent developments in Welsh youth justice, suggesting that it provides ample points of interest for those concerned both with the development of devolution in general, and services for children and young people in trouble with the law, in particular. [ABSTRACT FROM AUTHOR]

For over a decade, three successive New Labour administrations have subjected the English youth justice system to a seemingly endless sequence of reforms. At the root of such activity lies a core tension between measured reason and punitive emotion; between an expressed commitment to 'evidence-based policy' and a populist rhetoric of 'tough' correctionalism. By engaging a detailed analytical assessment of New Labour's youth justice programme, this article advances an argument that the trajectory of policy has ultimately moved in a diametrically opposed direction to the route signalled by research-based knowledge and practice-based evidence. Moreover, such knowledge-policy rupture has produced a youth justice system that ultimately comprises a conduit of social harm. All of this raises serious questions of knowledge/evidence-policy relations and, more fundamentally, of democracy, power and accountability. [ABSTRACT FROM AUTHOR]

This article presents findings from a survey that systematically explores public opinion, youth crime and justice in England and Wales. Particular emphasis was placed upon public reaction to restorative sentencing. The survey uncovered a number of misperceptions about youth crime. Few respondents rated youth courts as doing a good job, and most thought that sentences imposed on young offenders are too lenient. A considerable gap existed between the sentences that respondents wanted to see imposed on young offenders and the sentences that they assumed would be imposed. Generally speaking, expected sentences were less harsh than favoured punishments. When respondents were asked to impose sentence in case scenarios, there was significantly less support for custody as a sanction when the young offender had made some restorative steps such as writing a letter of apology and promising to make compensation to the victim. When asked about alternatives to imprisonment, significant proportions of respondents found alternatives to be satisfactory substitutes for imprisonment, a result consistent with research in other jurisdictions. [ABSTRACT FROM PUBLISHER]