Victims Central to Youth Justice System

Kim Workman, Project Leader for the Rethinking Crime and Punishment Project, disputes Garth McVicars view that the family group conferencing and restorative justice system were not working. Prison Fellowship and the Salvation Army support the Youth Court and the Family Group Conferences for two reasons. Firstly, unlike the adult Court, the Youth Court gives victims the right to be involved in the court hearing. Secondly, there is clear evidence that the Youth Courts are working.

Unlike the adult Courts, victims are entitled as of right to attend Family Group Conferences. The Youth Justice Co-ordinators must do their best to involve victims in the Conference, and can recommend that a young person make reparation to a victim. In attending the Conference the victim can express their views, talk about how the crime has impacted on their life and give a personal view of how the offender should be treated. In this way, the victim is part of the justice system and may well experience healing as a result.

Abandoning the current youth justice system will in turn deny victims the choice to engage in the youth justice system, said Mr Workman

We are not convinced that the Youth Justice Coordinators are doing all they can to identify and involve victims. However, by and large, the youth justice system is working said Kim Workman. Recent research shows that:

1. Imprisonment is used far less frequently than it was prior to 1989 and far less frequently than it is in the adult system.

2. Despite this drop in imprisonment, offending rates for young people have been stable over the last six to eight years and fallen in the last year.

3. Offending by under-17 year olds has only increased a small amount each year over the last six years. Under-17 year olds have remained at about 22% of the total number of apprehended offenders thus youth offending did not increase at any greater rate than adult offending.

4. Youth Court alternatives have successfully diverted many young people away from criminal careers and using creative alternative action plans to make young people accountable without labelling them as criminals.

Judge Boshiers recent comments were directed at serious offenders, aged between 12 14 years. He stressed the importance of placing the victims needs to the forefront, and holding the group personally accountable for their behaviour. We agree - however that can be achieved within the existing legislation.

The public will be confused by the two examples provided by the Trust - examples where two offenders committing robberies had been placed on home detention. The only way offenders are eligible for home detention is through the adult Court so these two offenders would have not been anywhere near a Family Group Conference, or a restorative justice process.

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