scholarly journals Is Restorative Justice an Effective Approach in Responding to Children and Young People Who Sexually Harm?

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 86
Author(s):  
Lisa Mary Armstrong
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Young Person ◽  
Advocacy Groups ◽  
Legal Process ◽  
Sexual Offences ◽  
Children And Young People ◽  
Victim Advocacy ◽  
The Uk

In the UK, Australia, and further afield, restorative programmes have been developed as a response to the failure of the criminal justice system to give victims of sexual violence a voice in the legal process. The restorative justice literature has tended to focus on sexual offences perpetrated by adults and the importance of being victim centred. When it is a child or young person (CYP) who sexually harms, it poses a unique set of challenges for law and society and the restorative practitioner. This article explores the reasons why a different approach may be warranted given the perceived failure of conventional criminal justice in addressing the growing problem of child and adolescent harmful sexual behaviour (HSB) in Scotland. It discusses the difficulties with balancing the rights of the victim with the CYP who perpetrates the HSB and considers the challenges encountered by practitioners in the implementation and application of restorative programmes in HSB cases involving CYP. Although the evidence supports a growing need for a different approach, and restorative justice may offer just that, problems with net widening, the referral process, and resistance from other professionals and victim advocacy groups present real barriers. Consequently, restorative practitioners are likely to find practising in this area more challenging due to a lack of support and cooperation.

Legality and Reality: Some Lessons from the Pitcairn Islands

2009 ◽  
Vol 73 (1) ◽  
pp. 69-88
Author(s):  
Fran Wright
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Justice System ◽  
Point Of View ◽  
Criminal Offence ◽  
Sexual Offences ◽  
The Rule Of Law ◽  
Remote Island ◽  
The Uk ◽  
Made In

This article considers the decision to prosecute a number of Pitcairn islanders for offences under the UK Sexual Offences Act 1956, and some aspects of the organisation of the prosecutions. The islanders complained that the prosecutions were an abuse of process because the content of the law was unascertainable and the legislation governing their trials was retrospective. The abuse of process claims were rejected. There was a mechanism by which islanders could ask the island officials and legal advisers for advice. It was predictable that non-consensual sexual intercourse would be a criminal offence. They were not prejudiced in any way by the late constitution of a criminal justice system. Although some of the decisions made in the Pitcairn case were questionable from a formalist point of view, most were fair in the peculiar circumstances of this small and remote island. The idea of the rule of law and of a fair trial cannot be divorced from the context in which criminal justice decisions are taken.

A Just System? How Punitive Youth Justice Systems Increase the Risk of Crime

2017 ◽  
Vol 42 (4) ◽  
pp. 233-239 ◽  
Author(s):  
Julie Edwards
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Young Person ◽  
Youth Justice ◽  
Children And Young People ◽  
Australian Institute ◽  
Justice Systems ◽  
Amp Clay

For children and young people who offend, contact with the justice system can lead to life-long offending, with evidence showing that the younger a child enters the justice system the more likely he/she is to have sustained contact and go on to reoffend (Australian Institute of Health and Welfare (AIHW), 2017). Local and international youth justice approaches that aim to rehabilitate or resocialise the child or young person often have more success in preventing reoffending (Elwick, Davis, Crehan, & Clay, 2013). So, what is it that makes an effective youth justice system, and how can we ensure that children and young people are diverted from the criminal justice system effectively and that those who offend do not continue into a life of crime?

scholarly journals PENERAPAN DIVERSI TERHADAP ANAK YANG BERKONFLIK DENGAN HUKUM MENURUT QANUN ACEH NOMOR 9 TAHUN 2008 TENTANG PEMBINAAN KEHIDUPAN ADAT DAN ADAT ISTIADAT DAN UNDANG-UNDANG NOMOR 11 TAHUN 2012 TENTANG SISTEM PERADILAN PIDANA ANAK

2021 ◽  
Vol 16 (1) ◽  
pp. 123-139
Author(s):  
Maulana Muslim Hrp ◽  
Madiasa Ablisar ◽  
Marlina ◽  
Edy Ikhsan
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Court ◽  
Mediation Process ◽  
Legal Process ◽  
Special Place ◽  
The Law

The background is by two law applications that apply in Aceh, the first law that generally applies in Indonesia and the second one that applies specifically in Aceh, the Law Number 11 of 2012 concerning the System Juvenile Criminal Court is a way out for better handling of children conflict with the law. The law regulates diversion where there are two important things that have a special place in the SPPA Law, namely restorative justice and diversion. The results showed that the resolution of the problem of children conflict with the law in Aceh consists of two legal applications, starting with the mediation process according to Aceh Qanun Number 9 of 2008 concerning fostering customary life and customs Development with the aim that these problems can be resolved amicably according to the Decree Joint between the Governor of Aceh and the Aceh Regional Police and the Aceh Traditional Council No 189/677/2011 dated 20 December 2011 concerning the Implementation of the Gampong and Mukim Adat Courts, but if during the mediation process no agreement is found then proceed to the legal process according to the Law Number 11 of 2012 concerning the Criminal Justice System for Children.

scholarly journals VICTIM’S INVOLVEMENT MODEL IN CHILDREN LEGAL PROCESS BASED ON LAW NO. 11/2012 ON CHILDREN CRIMINAL JUSTICE SYSTEM

Yuridika ◽  
2019 ◽  
Vol 34 (1) ◽  
pp. 102
Author(s):  
Oheo K Haris ◽  
Ali Risky
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Legal Protection ◽  
Judicial System ◽  
Criminal Offence ◽  
Crime Victim ◽  
Legal Process ◽  
The Impact ◽  
Better Than

The appearance of the Acts Number 11 the Year 2012 is a new hope for the victims in order to gain their rights. This Act has given a huge opportunity to the victim by means of the concept of restorative justice. For that reason, this work would offer the model of the involved victim which is able implemented by either outside or inside of the judicial system. Firstly, accessibility for the victim in this Act has placed the concept of restorative justice. The model of restorative justice which offered in this Act is the gate for the crime victim who fought for their rights. Restorative justice was essentially stood for in human relation between victim and offender and focused on the impact that caused by crime. Secondly, the term of Diversion is the transfer of resolution for the process of the juvenile case from the judicial system into outside of judicial criminal system. Togetherness for all of the involved groups is better solution in the certain case and togetherness solved problem and created such obligation that would produce better than before. This attempt is in order to seek a solution, reconciliation, and not to revenge for a criminal offence. Thirdly, the involved victim in process of the judicial criminal system is a victim witness. This witness also should possess legal protection and avoid the bad label. The next model is an opportunity for the juvenile victim who would affirm argumentation before the court handing down the verdict.

Restorative justice a postcode lottery? – availability and quality of service

2015 ◽  
Vol 14 (3) ◽  
pp. 120-125 ◽  
Author(s):  
Ellie Acton
Keyword(s):  
Quality Of Service ◽  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Design Methodology ◽  
Content Type ◽  
The Uk ◽  
Practical Implications ◽  
Personal Viewpoint

Purpose – The reinvigoration of restorative justice (RJ) within criminal justice has brought with it many opportunities but also significant challenges. The purpose of this paper is to explore the current considerations when providing a quality RJ service that meet the needs of victim, offender the community and the criminal justice system. Design/methodology/approach – This paper is a personal viewpoint of the author obtained from working nationally in the criminal justice arena specifically advising on RJ to police forces, police and crime commissioners and others. Findings – Findings suggest the provision of RJ in the UK is patchy, and the provision of a quality provision even more of a challenge. Practical implications – Consideration given to the need for quality not to be sacrificed in the advancement of RJ and some of the implications of this. Originality/value – Offers perspectives on the application of RJ in new and rapidly growing arenas.

In care, out of trouble – a policy perspective

2017 ◽  
Vol 16 (3) ◽  
pp. 92-101 ◽  
Author(s):  
Katy Swaine Williams
Keyword(s):  
Criminal Justice ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Policy Makers ◽  
Children And Young People ◽  
Content Type ◽  
Policy Context ◽  
Looked After Children ◽  
The Uk

Purpose The purpose of this paper is to describe the current policy context for work aimed at reducing the criminalisation of looked after children in England and Wales, and to consider the potential that now exists for a sustained reduction in the numbers and proportion of looked after children and young people becoming unnecessarily criminalised. Design/methodology/approach The author of this paper worked on the Prison Reform Trust’s independent review of looked after children in the criminal justice system, “In Care, Out of Trouble”, chaired by Lord Laming. The paper describes the context for the review and outlines its findings alongside those of concurrent government-commissioned reviews, detailing the government response. The paper describes the action now being taken to reduce the criminalisation of looked after children and argues that, while the UK and Welsh governments appear willing to lead in pursuing reforms, continued pressure will be needed to ensure that this translates into sustained change. Findings The paper notes that looked after children and young people remain significantly over represented in the criminal justice system despite a number of studies and statutory guidance aimed at preventing this. This is being successfully tackled in places where children’s social care services are working closely with criminal justice agencies, with common goals. The paper reports on the responses from the Welsh and UK governments and lead agencies to Lord Laming’s review and concurrent government-commissioned reviews, which confirm their willingness to show national leadership in raising expectations for effective local joint working. Practical implications The paper offers an insight into the current policy context for protecting looked after children and young people from unnecessary criminalisation and sets out the commitments that have been made by the UK and Welsh governments and national agencies to take action to this end. It notes the need for ongoing outside pressure to ensure these commitments translate into action. Social implications This paper aims to support policy makers and practitioners in pursuing improvements in practice to protect looked after children from unnecessary criminalisation. As such, it is hoped that it may play a part in improving the life chances of looked after children and young people who might otherwise face the damaging consequences of involvement in the criminal justice system. Originality/value Lord Laming’s review was a timely, independent examination of the unnecessary criminalisation of looked after children. There is now a renewed focus in key government departments and agencies on the need to protect looked after children and young people from unnecessary criminalisation, including through the development of a concordat. Success will require ongoing dialogue with independent bodies, and a stronger focus by the relevant inspectorates. This paper summarises the context and findings of the review and subsequent policy developments, and may be useful for policy makers, practitioners in children’s social care and youth justice, and the police.

Unlock imagined: arts in criminal justice

2019 ◽  
Vol 1 (2) ◽  
pp. 131-143
Author(s):  
Alison Frater
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Interdisciplinary Approach ◽  
Personal Perspective ◽  
Theoretical Understanding ◽  
The Arts ◽  
Optimistic Picture ◽  
The Uk ◽  
Causes Of Crime

Starting with a personal perspective this piece outlines the place and role of the arts in the criminal justice system in the UK. It paints an optimistic picture, though an unsettling one, because the imagination and reflexiveness of the arts reveals a great deal about the causes of crime and the consequences of incarceration. It raises questions about the transforming impact of the arts: how the benefits could, and should, be optimised and why evaluations of arts interventions are consistent in identifying the need for a non-coercive, more socially focused, paradigm for rehabilitation. It concludes that the deeper the arts are embedded in the criminal justice system the greater the benefits will be, that a more interdisciplinary approach would support better theoretical understanding, and that increased capacity to deliver arts in the criminal justice system is needed to offer more people a creative pathway out of crime.

Prospects for the Implementation of Special Conciliation Procedures in the Russian Criminal Process

2020 ◽  
Vol 9 ◽  
pp. 99-104
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Justice System ◽  
Criminal Procedure ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Traditional System ◽  
Common Features ◽  
Legal Method

In the 21st century, the concept of restorative justice has become widespread in criminal proceedings. The introduction of special compromise procedures into the criminal process allows for the restoration of the rights of the victim and reduces the level of repression in the criminal justice system. The traditional system of punishment is considered ineffective, not conducive to the purpose of compensating for harm caused by the crime. Restorative justice enables the accused to compensate for the harm caused by the crime and is oriented not towards their social isolation, but towards further positive socialization. The introduction of the ideas of restorative justice into the Russian criminal process requires the introduction of special conciliation procedures. The purpose of the article is to reveal promising directions for introducing special conciliation procedures into the Russian criminal process. The use of the formal legal method provided an analysis of the norms of criminal procedure legislation and the practice of its application. Comparative legal analysis revealed common features in the development of models of restorative justice in modern states. Conclusions. The introduction of conciliation procedures into the Russian criminal process is in line with the concept of its humanization and reduction of the level of criminal repression. The consolidation of the mediator»s procedural status and the mediation procedure in the criminal procedure legislation will make it possible to put into practice the elements of restorative justice.

Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland

2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Justice System ◽  
Peace Building ◽  
Youth Justice ◽  
Criminal Justice Reform ◽  
Transitional Environment

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice

2003 ◽  
Vol 36 (1) ◽  
pp. 60-76 ◽  
Author(s):  
Kate Warner ◽  
Jenny Gawlik
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Public Support ◽  
Crime Victims ◽  
Property Damage ◽  
Victims Of Crime ◽  
To Receive ◽  
Legislative Measures

Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

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