Alternative models of youth justice: lessons from Scotland and Northern Ireland
| Date | 17 June 2011 |
| Pages | 106-114 |
| DOI | https://doi.org/10.1108/17466661111149402 |
| Published date | 17 June 2011 |
| Author | Susan McVie |
Alternative models of youth justice:
lessons from Scotland and Northern
Ireland
Susan McVie
Abstract
Purpose – Widespread criticism of the youth justice system in England and Wales has resulted in calls
for it to adopt a restorative paradigm. This paper seeks to review the historical development of youth
justice in neighbouring Scotland and Northern Ireland.
Design/methodology/approach – The historical development of youth justice in Scotland and
Northern Ireland is reviewed with a view to learning lessons from these two very different models,
compared to the current model in England and Wales.
Findings – It is argued that those tasked with reforming the system in England and Wales must
understand the underlying political, cultural and social contexts in which alternative models have
developed and satisfactorily resolve the conflicting needs and rights of the offender versus those of the
victim, community and wider public.
Originality/value – Transfer of policy and practice from other jurisdictions requires careful
consideration of their political, cultural and social contexts but England and Wales may benefit
greatly from adopting restorative practices similar to those in Northern Ireland. However, successful
implementation will depend on political will and institutional infrastructure.
Keywords Youth, Justice, Child welfare, Scotland, Northern Ireland
Paper type Research paper
Introduction
Since the introduction in the nineteenth century of reformatories and industrial schools to deal
with young people who offend,there have been many reviews of and transformations in the UK
systems of youth justice. Over the last 10-15 years, however, youth justice has experienced
particular turmoil, reflecting increasing political oscillation and uncertainty over the most
appropriate course of action in dealing with young offenders. Youthjustice systems in all the
UK jurisdictions have been subject to some alteration as a result of changes to the political
landscape and the introduction of several international conventions, including the UN
Convention on the Rights of the Child (UNCRC) and associated rules and guidelines. While
bringing some important benefits, there are also concerns that such changes have
undermined aspects of the principles underlying the UK justice systems. In particular,
academics have condemned the increasing politicisation of youth justice, the flawed
evidence base underpinning the reliance on a risk prevention paradigm (Case, 2007) and the
relentless implementation of punitive policies, which increasingly violate young people’s
human rights (Goldson and Muncie, 2006).
The structure and doctrine of youth justice in England and Wales is under particular scrutiny.
A major review by the Independent Commission on Youth Crime and Anti-social Behaviour,
drawing on extensive international evidence (Smith, 2010), advocated a fundamental shift in
the philosophy and delivery of youth justice services in England and Wales. In their poignantly
titled report, Time for a Fresh Start (Independent Commission, 2010), the Commission
claim the existing system lacks a coherent set of practices, policies and agencies and argues
PAGE 106
j
JOURNAL OF CHILDREN’S SERVICES
j
VOL. 6 NO. 2 2011, pp. 106-114, QEmerald Group Publishing Limited, ISSN 1746-6660 DOI 10.1108/17466661111149402
Susan McVie is based
at the Law School Research
Annex, University of
Edinburgh,
Edinburgh, UK.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting