Restoring Youth Justice: New directions in domestic and international law and practice
2000

Restoring Youth Justice was published at a time when the political and legal framework of England and Wales was undergoing profound change. The Youth Justice and Criminal Evidence Act 1999 marked a significant move towards more restorative models of youth justice for England and Wales. This report looks at whether such models work, and whether they comply with human rights principles and standards.

Along with the fundamental reforms to the system brought about by the 1999 Act and by the Crime and Disorder Act 1998, the implementation of the Human Rights Act, in October 2000, had profound implications. The strong procedural safeguards in the Human Rights Act, relating to the deprivation of liberty and the conduct of criminal proceedings, may challenge the more flexible approach developed by restorative justice systems.

This report outlines the political background to these changes and looks at the developing international human rights framework within which our systems must operate. It examines the experience of four countries which have adopted different models for diversion of young offenders from courts: Scotland, New Zealand, New South Wales, and Austria. It identifies key principles underpinning those systems, how they have been put into effect and the problems that have been encountered.

The report looks at recent developments in England and Wales, at the possibilities and pitfalls of the new system, and the lessons for politicians and lawyers. Its concluding recommendations focus on: · the roles of courts, lawyers and victims · criminal records · resources and persistent offenders · implications for training, monitoring and evaluation The assessments provided by Restoring Youth Justice will be a valuable aid to practitioners as they get to grips with implementation in the years to come.

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