Youth justice - Alternatives to custody retain prominent focus
Tuesday, November 17, 2009
In the wake of the Youth Justice Board's annual convention last week, Neil Puffett examines the key themes that emerged and what they might suggest about the direction of future policy.
![Frances Done. Credit: YJB](/media/136368/07122231968ee95bb5025f4390b589f3jpg-350x250.jpg?&width=780&quality=60)
With a general election expected within six months and concern rife about the impact of the recession, youth justice practitioners descended on Southport with much to discuss.
Policy ideas from the Youth Justice Board (YJB) and the major political parties were given an airing, while the imminent introduction of the Scaled Approach and the Youth Rehabilitation Order (YRO) also received prominent attention.
But as the dust settles from the convention, what is set to change and are there any barriers?
Restorative justice
One area that looks odds-on for expansion in England and Wales is restorative justice. The concept emerged as a key theme of the convention, with the YJB and politicians across the spectrum highlighting it as a way of reducing reoffending and changing attitudes in wider society. The idea is nothing new but a study last month by the Prison Reform Trust showing big falls in reoffending rates in Northern Ireland has added further weight to the argument.
YJB chair Frances Done says restorative justice can help youth offending teams (YOTs) forge closer links with the community - something she sees as a priority over the next 10 years. "We should increasingly focus on restorative justice-type approaches to pre-court action with young people," she says. "These are the schemes that feed back into the community - and are proven to achieve the support of the victims who participate in them."
But practitioners may have difficulty expanding its use on the ground as police are apparently less keen.
Temporary chief constable of Merseyside Police, Bernard Lawson, says the Association of Chief Police Officers is divided on the issue, with as few as one-third in favour. "It comes down to the fact that individual chief constables decide what they will put into force," he says.
Reduction in custody
Custody levels dropped to a recent low in September, and the message from the convention suggests the trend could continue.
Done believes potential devolution of the cost of custody to local authorities could provide a financial incentive for local leaders to focus on keeping increasing numbers of young people on track.
Helen Edwards, director general of the criminal justice group at the Ministry of Justice, says the introduction of the Scaled Approach and YRO will also have an impact. "The YRO will enable us to make definite inroads into the use of custody," she says. "Where courts make a custodial order they will have to explain why the high intensity YRO alternative was not appropriate."
The desire to reduce custody levels is mirrored by the Conservatives, with shadow justice minister David Burrowes calling for less detention and training orders, but for those imposed to be lengthier to give professionals more time to address a young person's problems.
However, fears have been raised that magistrates have not received sufficient training on the new system to give them confidence in its use.
Chris Stanley, a member of the Magistrates' Association youth courts committee, says district judges in particular do not necessarily trust information provided by YOTs.
Early intervention
The idea of identifying problem behaviour early was highlighted by Done as a major issue - "core business" for the YJB, as she put it.
Her view is shared by Burrowes and Children's Secretary Ed Balls, both of whom are keen to stress the importance of the work.
However, financial restrictions could put paid to any plans for new initiatives in this area.
"Up until 2011 budgets are guaranteed for us but looking forward it is going to be tough because there is only so much we can do in terms of maintaining budgets," Balls says.
THE TORIES' PLANS FOR YOUTH JUSTICE
- Shadow justice minister David Burrowes' review of youth justice will be published in January, and his speech to delegates gave an indication of the kind of things that will be in the Tory manifesto
- Burrowes said there is a need for systemic change to gear the YJB towards early intervention and prevention
- His party would strive to reduce bureaucracy to give practitioners more face-to-face time with the children they help
- Youth offending teams could also benefit from clearer funding streams, while more focus will be placed on education and resettlement in the secure estate
- Provision of the secure estate could be outsourced to a greater degree, with the Tories keen to look at different ideas from the public and private sectors
IN NUMBERS - THE CURRENT STATE OF YOUTH JUSTICE
2,556 - Custody level in September 2009
87,367 - First-time entrants to youth justice system in 2007/08
£33m - Youth Justice Board's prevention budget for 2009/10
66% - Per cent of Youth Justice Board budget spent on custody