The Enigma of 'Community' and the Exigency of Engagement: Restorative Youth Conferencing in Northern Ireland
| Author | David O'Mahony, Jonathan Doak |
| Pages | 9-24 |
The Enigma of ‘Community’ and the Exigency of Engagement:
Restorative Youth Conferencing in Northern Ireland
9
8
THE ENIGMA OF ‘COMMUNITY’ AND
THE EXIGENCY OF ENGAGEMENT:
RESTORATIVE YOUTH
CONFERENCING IN NORTHERN
IRELAND
David O’Mahony, Reader in Law, Durham University; and Jonathan
Doak, Lecturer in Law, University of Sheffield
Abstract
This article considers the role of community in a new model of restorative youth
conferencing that has recently been introduced in Northern Ireland. It notes the
considerable advantages of enhancing community involvement in criminal justice, but
also recognises concerns particularly for a society that is just emerging from years of
conflict. Whilst the scheme has clearly increased levels of participation, it is argued that
there is potential to develop work further in partnership with elements of the community
sector and to contribute to governance and democratic participation within a post-conflict
society.
Introduction
The quest for legitimacy in the Northern Ireland criminal justice system has been fraught
with difficulty over many decades. In 1998, Northern Ireland got a unique opportunity to
conduct a fundamental review of its justice system as part of the peace process following
the ‘Belfast’ or ‘Good Friday’ Agreement. One of the central aims of this Review was to
make the criminal justice system more accountable and acceptable to the community as a
whole and to encourage community involvement and be responsive to the community’s
concerns (Criminal Justice Review Group, 2000). The Review, which was published in
March 2000, made 294 recommendations for change across the criminal justice system
which included fundamental changes to the system of youth justice. Specifically, it
recommended that a restorative justice approach should be central to how young offenders
are dealt with in the criminal justice system. It proposed a conference model to be known
as ‘youth conferencing’ to be based in statute for all young persons (10 to 17 year olds)
subject to the full range of human rights safeguards (Criminal Justice Review Group, 2000:
205).
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