Requirements for Communication in the Courtroom: A Comparative Perspective on the Youth Court in England/Wales and The Netherlands
| Author | Ido Weijers |
| Published date | 01 April 2004 |
| Date | 01 April 2004 |
| DOI | http://doi.org/10.1177/147322540400400103 |
| Subject Matter | Articles |
Requirements for Communication in the Courtroom:
A Comparative Perspective on the Youth Court in
England/Wales and The Netherlands
Ido Weijers
Correspondence: Professor Ido Weijers, Willem Pompe Institute of Criminal Justice,
Faculty of Law, Utrecht University, Heidelberglaan 1, 3584 CS Utrecht, The Netherlands.
Email: i.weijersVfss.uu.nl
Abstract
The UK Government’s White Paper ‘No More Excuses’(Home Office, 1997) set out plans
for changing the culture of the Youth Court. This article focuses on one crucial aspect of
the reform plans: the idea that magistrates need to engage with young offenders and their
families. After a theoretical analysis of the foundation and justification for a special youth
court, the article presents some findings concerning differences between the
communication cultures of English/Welsh and Dutch Youth Courts. The article concludes
by questioning the basic assumption of the White Paper, that fundamental changes could
be realised without structural reform.
Introduction
In the White Paper No More Excuses: A New Approach to Tackling Youth Crime in England
and Wales (Home Office, 1997), special attention was given to changing the culture of
the Youth Court. A Youth Court Demonstration Project was conceived in an attempt
to bring about changes independent of any legislative or structural reform. Studying
the Evaluation of the Youth Court Demonstration Project (Allen, Crow and Cavadino,
2000) and the Good Practice Guide which followed its conclusions (Home Office,
2001) allows reflection on the foundations of this special court and on its requirements.
A comparison between the English/Welsh and the Dutch traditions might offer further
reflection on the goals and the character of the changes that should be aimed for.
This article will focus on one crucial aspect of the reform plans, that is on the idea
of communication in court, or the idea that magistrates need to engage with young
offenders and their families. The argument is developed in five steps. First, the
conclusions of the Evaluation will be summarised. Second, the article will look at the
foundation and justification for a special youth court and what this seems to require.
(My point is that there is something more specific under discussion than just engaging
with young offenders and their parents: the notion of a moral dialogue that might
enhance children’s rights and welfare and promote better outcomes.) Third, three
dimensions of rituals in court will be identified that seem relevant to the
communication processes that may take place. Fourth, some findings concerning
differences between the communication cultures of the English/Welsh and the Dutch
Youth Courts will be presented. Fifth, the article will conclude that these differences
point to structural changes, thereby questioning one of the basic assumptions of the
White Paper and of the Youth Court Demonstration Project, that fundamental changes
could be realised without structural change.
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