Restorative youth detention: The way forward?
| Published date | 01 July 2022 |
| Date | 01 July 2022 |
| DOI | 10.1177/1748895820973251 |
| Author | Katherine Doolin |
| Subject Matter | Articles |
https://doi.org/10.1177/1748895820973251
Criminology & Criminal Justice
2022, Vol. 22(3) 367 –382
© The Author(s) 2020
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DOI: 10.1177/1748895820973251
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Restorative youth detention:
The way forward?
Katherine Doolin
The University of Auckland, New Zealand
Abstract
This article explores a range of normative, conceptual and practical issues that arise from
utilising restorative justice with young people in custody in England and Wales, and considers the
appropriateness of doing so within the coercive and oppressive space that prison occupies. It is
suggested that, while there are some clear benefits for victims and offenders, there is a need to
proceed with caution. This is because children who are incarcerated are particularly vulnerable
in addition to simply their age owing to the resilience required to survive a penal system that can
be isolating and dangerous, as well as their often complex needs, and difficult life histories. This
is also because there is a need to ensure that the process adheres to the ethos of restorative
justice, and does not divert attention from the current problems within the youth secure estate
or the pressing need to continue reducing child imprisonment.
Keywords
Decarceration, prisons, restorative detention, restorative justice, victims, youth custody
Introduction
The use of restorative justice with children and young people1 in England and Wales for
low-level offending is well-researched (Crawford and Newburn, 2002, 2003; Hoyle
et al., 2002; Newburn et al., 2002; Newbury, 2008, 2011), however, its use within the
youth secure estate is much less explored. The emphasis has been primarily on the use of
restorative justice as part of diversionary measures or community sentencing disposals,
rather than in response to serious crime or in an attempt to reshape the nature of the youth
custodial regime. While scholars have examined issues around restorative justice and
Corresponding author:
Katherine Doolin, Faculty of Law, The University of Auckland, Private Bag 92019, Auckland 1142, New
Zealand.
Email: k.doolin@auckland.ac.nz
973251CRJ0010.1177/1748895820973251Criminology & Criminal JusticeDoolin
research-article2020
Article
368 Criminology & Criminal Justice 22(3)
young offenders in custody (Curry et al., 2004; Gavrielides, 2011, 2012; Williams,
2004), the potential dangers of using restorative justice with incarcerated young people
are under-explored – especially when considering the often complex needs and vulner-
abilities of those young people in the context of an often unsafe custodial environment.
Government and Prison Service support for the expansion of restorative justice within
custodial institutions in England and Wales presents an opportunity to consider the
appropriateness of this development for those young people in the youth secure estate. In
May 2013, the then Government announced its intention to develop and embed the use
of restorative justice across the youth justice system, and, particularly, its use in youth
custody (Ministry of Justice, 2013). This followed on from a previously expressed com-
mitment to explore the use of restorative justice across all stages of the criminal justice
system (Ministry of Justice, 2010). In 2014, the Prison Service announced its intention
to invest in restorative justice processes (National Offender Management Service, 2014).
In 2016, the Ministry of Justice re-affirmed its commitment to widen the use of restora-
tive justice across all custodial institutions and encouraged prison governors to take a
restorative approach in addressing lower level violence in prisons (Ministry of Justice,
2016: para 222).
The youth secure estate in England and Wales, which is overseen by the Youth
Custody Service, comprises of Young Offender Institutions (YOIs), Secure Training
Centres (STCs) and Secure Children’s Homes (SCHs). While the number of young peo-
ple in custody has been steadily falling – a decrease of 70% over the last 10 years2 (Youth
Justice Board/Ministry of Justice, 2020: 37) – this has not been matched by an improve-
ment in the conditions in which young people are held. In 2017, the HM Chief Inspector
of Prisons for England and Wales (2017: 9) reported that none of the YOIs or STCs that
had been inspected earlier that year were safe to hold children and young people, and
noted that rates of assaults and self-harming had doubled since 2011. A recent survey by
HM Inspectorate of Prisons (HMIP, 2020: 12) of young people in YOIs and STCs in
2018–2019 reported increasing levels of bullying and violence – close to half of them
reported victimisation by others and over one-third reported feeling unsafe – and increas-
ing use of restraint and separation as a form of punishment, both of which were reported
by nearly two-thirds of those young people surveyed.
It follows from this introduction that the Government’s commitment to extend the use
of restorative justice within the youth secure estate is set against a background of young
people in custody experiencing a precarious, unstable and unsafe environment. This is
coupled with these young people’s often complex needs and troubled circumstances
prior to entering into custody. These include: coming from some of the most disadvan-
taged and damaged families (Goldson, 2006: 454); histories of being in care, physical
and emotional abuse, drug and alcohol misuse, physical and mental health issues, failing
to engage in education, prior offending and previous victimisation (Taylor, 2016: 2–3);
neurodevelopmental disorders (often undiagnosed), such as learning disabilities, com-
munication disorders, and emotional and behavioural problems (Hughes et al., 2012:
23); and increasing rates of self-harming.3 The decline in the number of young people
being placed in custody in recent years means that those children who continue to be
incarcerated are among those most vulnerable, with complex needs and at risk.
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