Judicial Discretion and the Justice and Welfare Dichotomy: The Sentencing of Children in the Irish Youth Justice System.

The sentencing of children in juvenile sexual offending cases is a most challenging issue for judges, and research into this area had not previously been done in Ireland. The author's doctoral study placed particular emphasis on practicebased research and praxis to provide a bridge between academic theory and professional practice, thereby providing insights into how the youth justice system might address the justice and welfare dichotomy. This paper reviews the growing scientific knowledge on child development and international court innovations in sentencing of young offenders, as well as exploring issues in evolving capacity and the age of criminal responsibility. The author examines the concepts underpinning the Children Act, 2001 and related strategies, as well as some welfare aspects of sentencing, before outlining key findings from his research. What is needed is a redefinition of the Irish sentencing model for juvenile sexual offences that is not exclusively wedded to a twentieth-century justice/welfare concept. Sentencing for sexual offences needs to recognise that children's rights and needs are progressing and changing rapidly. This requires recognition of the role of scientific developments and academic research. The paper concludes by posing a challenge to come up with a bespoke holistic sentence for children that satisfies the demands of the child, the victim and public policy. [ABSTRACT FROM AUTHOR]