What do 'They' Think? Young Offenders' Views of Youth Offender Panels: A Case Study in one Youth Offending Team
| Author | Alison Suthers |
| Pages | 7-26 |
7
THE BRIAN WILLIAMS MEMORIAL PRIZE 2010 -
WINNING PAPER:
WHAT DO 'THEY' THINK? YOUNG OFFENDERS' VIEWS
OF YOUTH OFFENDER PANELS: A CASE STUDY IN ONE
YOUTH OFFENDING TEAM
Alison Suthers, student of University of Teesside
Abstract This study explores the subjective views of young offenders who have participated
on Youth Offender Panels in one Youth Offending Team based in the North East of England.
Youth Offender Panels are a core element of Referral Orders and act as a forum for
discussion, dialogue and negotiation between the parties involved in an d affected by a
given crime. Allowing young offenders to speak has proved to be a powerful method of
depicting their views on Youth Offender Panels, illustrating the potential of involving
young offenders not only in th e consultation about, but in the process of, effecting change.
Several themes emerged from the study relating to some of the practical aspects of
delivering Youth Offender Panels, young offenders' inter-action with panel members and
the effectiveness of this approach in changing their behaviour. Based on the findings the
author proposes that there should be a stronger emphasis placed on involving young
offenders in the delivery of Youth Offender Panels with a view to improving their
outcomes..
Keywords Referral Order; Youth Offender Panels; Young Offenders; Participation
Introduction
Since the 1990s, there has been an increasing emphasis on the use of restorative
approaches in the youth justice system. As a result, the majority of young people who
come through the Youth Justice System will be expected to be involved in some sort of
Restorative Justice Intervention (Audit Commission, 2004). An example of this is the
Referral Order (RO) for 10-17 year olds, who plead guilty on their first offence (Home
Office, 1999). Youth Offender Panels ( YOPs) are a core element of Referral Orders and are
seen as a way of increasing young offenders ' participation in that unlike court, they play
an active role and have an opportunity to explain their actions to the victim and members
of the community (Crawford and Newburn, 2002). A number of evaluations have been
carried out on YOPs in which young offenders have provided some very useful information
British Journal of Community Justice
©2011 Sheffield Hallam University, Sheffield
ISSN 1475-
0279
Vol. 9(3): 7-26
Suthers
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however, this has tended to focus on 'user feedback' reporting their experiences of YOPs
or on offender engagement (Newburn, et al., 2001a: 2001b: 2002: 2003: Crawford and
Newburn, 2007). Although the findings from these evaluations have been useful in
assessing the effectiveness of YOPs, the real voice of young offenders is seldom heard,
consequently, much of the research is carried out 'on them' rather than 'with them' (Hart,
1992). As such their voice is not taken into account on any decisions that may affect
them. Their level of participation therefore, does not go beyond tokenistic. Notably, very
few studies have been carried out on what young offenders think of YOPs, as an
intervention, and how they are delivered. This is at odds with studies that have shown
involving young offenders in their own intervention has been invaluable in shaping the
services they receive (Hart and Thompson, 2009). Involving young offenders in this way
not only enables the facilitators of YOPs to ensure panels are run in such a way that meets
young offenders' needs, but also acknowledges the rights of young offenders to have
their views taken into account. This is consistent with the law and policy committed to
increasing young people's participation in matters that affect them which applies equally
to all young people under the age of 18, regardless of whether they are involved in the
criminal justice system (DfES, 2003; United Nations Convention on the Rights of the Child;
Childrens Act, 1984). The need for such an exploration is heightened by what Kathleen
Daly calls 'a gap in ideals and practice' (Daly, 2003:19). But perhaps more importantly, it is
for reasons cited in the literature: because 'it works' (Halsey et al., 2006; NYA, 2007;
NACRO, 2008). Drawing from the literature in the field, and on data gathered from semi-
structured interviews with young offenders, the findings from this study illustrate the
importance of conceptualising young offenders as valuable informants in the delivery of
YOPs. The study aims to add to the existing discourse on YOPs by providing an insight into
this under-developed area with a view to strengthening the involvement of young
offenders on YOPs to improve outcomes.
Background
YOPs have quickly established themselves as a deliberative and participatory forum in
which to address a young person's offending. Inspired by the philosophy and practices of
RJ, which emphasises the principles of restoration, re-integration and responsibility, YOPs
aim to make amends to the victim and/or the community (restoration); help the young
offender fit back into society (reintegration); and to take responsibility for their actions
(responsibility). The theoretical grounding and rationale for this approach is mostly
attributed to John Braithwaite (1989) who examined the concept of 're-integrative
shaming' and drew on restorative justice models used by Aboriginal, Native American and
Maori cultures, more particularly, family group conferencing and other community
mediation practic es (Braithwaite, 2003). The emphasis is on repairing the harm done to
relationships, over and above the need to assign blame and dispensing punishment (Zehr,
1990).
Upon receiving the RO, the young offender is referred to a YOP where those affected by a
given crime meet in a controlled environment to discuss the offence and devise a contract
together with the young offender, which involves the young offender making amends in
some practical or financial way. It also includes a programme of intervention to help them
desist from offending in the future. Failure to comply with the details of the contract may
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