Minority Youth Justice System Evaluation

Introduction

This literature review will critically evaluate the existing youth justice delivery system in terms of its efficiently or sufficiently in respect to youth belonging to minority and ethnic community. While doing so, this literature review will examine whether there is any gap in presentation of the subject matter of the review.

Whether the youth justice system meets its principal aim

The Crime and Disorder Act 1998 provides the principal aim of the youth justice system, which should principally aim “to prevent offending by children and young”. Officers and authority must ensure that all youth justice services are available in concerned jurisdiction. Youth justice services include various measures ensuring safeguards of the interests of the youth and concerning their rehabilitation and other necessary duties and responsibilities on the part of concerned officers and authorities. There are various other legislations (Youth Justice and Criminal Evidence Act 1999, Criminal Justice Act 2003, and Anti-Social Behaviour 2003), reports and guidance that have to be taken into consideration while dealing with youth offenders. Fox and Arnull observe that this legislative framework facilitates determining and assessing the parameters of practices of concerned professionals in the field of youth justice system as well associated interventions. To implement uniform application of the law, the Criminal Justice Act 1991, Section 95 provides for a 'duty to avoid discrimination against any person on the grounds of race or sex or any other improper grounds', and requires the Secretary of State each year to publish annually information which will aid criminal justice workers to avoid discrimination.

Whether youth justice service delivery models deliver justice

This literature review will discussed some of the youth justice service delivery models. The first model constitutes a multidisciplinary approach, stemming from the Crime and Disorder Act 1998 with the establishment of Youth Offending Teams (YOTs). This team comprises different professionals who work with youth offenders in order to create an encouraging environment and facilitate inter-professional practice. The aim is also to benefit the youth from the professionals. The Act 1998 has made such multi-disciplinary approach mandatory. How much a difference is made by this mandatory approach being incorporated in the justice system? There have been questions regarding the intervention of the criminal justice system to respond adequately to needs of the minority ethnic groups. It was observed the young Asian people were at least likelihood to state that YOTs helped them reduce their offending. Interestingly, young black people attribute reduction in offending to their local YOTs and their intervention. At the same time, young people from mixed parenting were exposed to greatest risk of re-offending and they found the system and the process discriminatory. This finds support in Webster that cites an observation that large discriminatory treatment was found between the YOTs area in terms of race and geography.

The Crime and Disorder Act 1998, s 37(1).
Ibid, s 38(1) and (2).
Ibid, s 38(4).
Darrell Fox and Elaine Arnull, Social Work in the Youth Justice System: A Multidisciplinary Perspective (Open University Press 2013) 13-14.
Helen Sender, Brian Littlechild and Nick Smith, ‘Black and minority ethnic groups and youth offending’ (2006) Youth and Policy.
Darrell Fox and Elaine Arnull, Social Work in the Youth Justice System: A Multidisciplinary Perspective (Open University Press 2013) 21.

Another model is that scaled approach that comprises a tiered approach to enable intervention that would reduce the likelihood of youth reoffending and the risk of serious harm. The aim of this approach is to supplement youth rehabilitation orders and prevent reoffending by shaping the intensity level of intervention aligned with assessment and management of risk of serious harm to others. The restorative justice model is popular amongst professionals working in the youth justice delivery system. The use of the model has also been emphasized by recent literature in respect to the use of its best practices at all stages in the youth justice process. It is also popularly used by YOTs in their policy and practice. In context to the social aspect relevant with the youth justice delivery system, few literatures present an interesting concept around how youth struggle to find a position in the socio-economic structure. Smith observes that the youth are fundamentally under influence by the requirement to socialize with family members, producers and wage earners. There is a process of producing labour power supported by the cultural patterns and practices of the youth. Youth are then socialized in this pattern and of work ethos later conforming to their respective place in the socio-economic structure. He further observes that the youth are fundamentally under influence by the requirement to socialize. Considering this cultural and social practice patterns, states are often at contradictory positions in terms of rules and regulations to govern children and youth in their transition involving distinctive thoughts, experiences and attitudes. Thus, the purpose of powerful interests, which shape intervention in context of youth justice, is to secure the next generation conform to existing social relation. In context of this literature review, it needs to be seen whether this purpose in relation to the justice delivery system applies to the youths from the minority, ethnic population and whether they form part of the next generation.

Gap in representation of youth in the justice process

Goldson writes that the black and some of the minority ethnic groups are over-represented at various stages involved in a youth justice process, as compared with that of the general population. This raises two alternative issues. First is there is a comparative elevated offending related with the mentioned communities, or second is there is a discriminative practice based on race or ethnic background. Goldson further observed that at the national level, black children and youth are three times more likely to arrested, five times more like to be put in custody, and twice as likely to be given caution. Asian children and youth are found substantially under-represented in cautions, arrest and custody. The self-report surveys presented another picture. White and black youth offend at similar rates whereas Asian youth offend at lesser rate. As like other literature available, they focus mostly on black, ethnic minority community and lesser focus has been given on white youths. This evidently is a gap worth discussing and researching. The literature does not directly discuss the existing youth justice system being discriminatory against this community and is the Criminal Justice Act 1991, Section 95.

Alpa Parmar, ‘Racism and ethnicity in the criminal justice process’ in Anthea Hucklesby and Azrini Wahidin (eds.), Criminal Justice (Oxford University Press 2013) 275.
Colin Webster, ‘’Race’, Youth Crime and Youth Justice’ in Barry Goldson and John Muncie (eds.), Youth Crime and Justice (Sage 2015).
Darrell Fox and Elaine Arnull, Social Work in the Youth Justice System: A Multidisciplinary Perspective (Open University Press 2013) 75.
Ibid, 97.
Roger Smith, Youth Justice: Ideas, Policy, Practice (Routledge 2014) 122.
Ibid.
Barry Goldson, Dictionary of Youth Justice (Routledge 2012) 280.

Goldson argues that black young people and children are more likely to be drawn to criminal system and be treated differently or less favourably than the white youth. There are legal and social variables, including prior offences, degree of seriousness, education, employment status and other risk factors that could influence youth justice decision making process. Taylor also found that many young people in the justice system are from the most dysfunctional and chaotic families. Goldson states that children and young people belonging to black and mixed parentage are found to be treated differently and less favourably. Webster cited policing method is one manner that draws young people into the justice system. It is found to be highly adversarial with less priority on fair treatment. The result of such characterisation is discriminatory treatment being meted out those characterised. The reason may lie in Goldson’s argument that more attention is given to activities of those marginalised, disposed, or excluded than those of the most powerful. This may justify the observation that the youth justice delivery system act to perpetuate criminal behaviour and becomes a part of the problem rather than delivering a solution. He cites the example of the routine practice of identifying pre-delinquents leading to wrong identification and the excessive focus on effort to work with youth and children who have committed non-serious occasional offences that might be ceased through intervention.

Whether the system considers social aspects

The above paragraph demonstrates over-representation of community less powerful, marginalised and excluded and being given more attention by practitioners in the justice systems. However, does giving more attention to the less powerful community indicate that the existing legal framework is concerned about the social welfare or interest of the youth belonging to this community? An alternative question could be whether this also indicates characterisation of only the black young people, excluding the white youth, as being less powerful, marginalised and excluded. The answer to the first question may be in negative. The 2013 Transformation Rehabilitation consultation is a testimony to this. The government did not analyse the potential impact of the bill on protected groups including young people. The current framework requires the Youth Justice Board and Youth Offending Teams to supervise offenders upon their release until expiry of the supervision period. The bill instead requires young people aged 18 years to transfer to probation service or to private probation provider for supervision. However, the impact of the bill on black and minority ethnic young offenders was not clarified. Also, this bill, as argued by the Youth Justice Board, raised concerns regarding the transition arrangements, the failure of which could lead young people to commit further offences during the supervising period. Taking this last point into account, the answer to the second question may be negative as the bill itself ignored potential issues related to young people altogether. Similar issue could also be found with The Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012. Dr. Hart argues that the Act does not give special focus on children and young people, which contrasts aim of the criminal justice system principle. Dr. Hart argued that the Act has not acknowledged the right of 17 year olds to be treated as children in regard to police detention, when they are recognised as children for purposes of remand. This again demonstrates a fluctuating representation of issues related to young offenders and a potential opportunity to have a broader discussion to that effect. This is supported by the Lammy review 2017:4 that presented that the biggest concern with the youth justice system by stating that the positive representation of the criminal justice system with reduction in offending, reoffending and custody does not translate the experiences of ethnic minority youth in the overall youth justice system. This is supported by Home Secretary and government 2017-2018 report. Since 2005/2006, there has been a decrease in the number of youth cautions. However, the proportion given to different ethnic minority groups has remained broadly similar, with the vast majority (86%) given to White young people. Similar decrease has been found with number of young people held in custody. However, the number of white young people held in custody fell by 73%, but young people from non-White ethnic minorities increased 28% in 2005/2006 to 42% in 2015/2016. One of the reasons to this effect may be what Bateman argues as the element of discretion exercised by decision-making agencies with respect to first time entrant target benefited white children to a larger extent than their BME counterparts. To mitigate the existing and potential risk that the justice system may exposed to young people, it would be relevant to McAra’s recommendation of a right-based approach where children are given opportunity to see law and rights in practice. This is supported by Article 12 of UNCRC that provides for children to be entitled to freely express their views in all matters affecting them. Article 40, in relation to trouble with law, further provides for proper treatment of children so as to promote their sense of dignity and worth. A right-based approach can empowers children to this effect.

Ibid
Barry Goldson, Dictionary of Youth Justice (Routledge 2012) 280.
Charlie Taylor, ‘Review of the youth justice system in England and Wales’ (2016) Ministry of Justice.
Barry Goldson, Dictionary of Youth Justice (Routledge 2012) 280.
Colin Webster, ‘’Race’, Youth Crime and Youth Justice’ in Barry Goldson and John Muncie (eds.), Youth Crime and Justice (Sage 2015).
Barry Goldson, Dictionary of Youth Justice (Routledge 2012), 282.

Conclusion

To conclude, literature should give more focus on how the ground reality is totally in contrast to the principal aim of the youth justice system. Potential literature should focus on general characterisation concerning youth from all communities perpetuated by the youth justice system. The chart here represents a translation different from what Section 37(1) provides for preventing offending by children and young people in that the system focuses more on the black and ethnic minority community while white and black youth offend at similar rates as reflected in the self-report surveys. Potential literature could be written on comparing accessibility to youth justice services available or not available to the black, ethnic minority community and the white young people.

Great Britain: Parliament: Joint Committee on Human Rights, ‘Legislative Scrutiny: Offender Rehabilitation Bill’ Sixth Report of Session 2013-2013 11-13.
Dr D Hart, ‘Legal aid sentencing and punishment of offenders act 2012: Implications for children’ (2012) National Association for Youth Justice: London.
Bridget Byrne and Claire Alexander, Ethnicity and Race in the UK: State of the Nation (Policy Press 2020).
Ibid.
Tim Bateman, ‘Criminalising children for no good purpose: The age of criminal responsibility in England and Wales’ (2012) National Association for Youth Justice Campaign Paper.
Lesley McAra, ‘Child-friendly youth justice?’ (2018) 5 National Association for Youth Justice.

Reference list

Bateman T, ‘Criminalising children for no good purpose: The age of criminal responsibility in England and Wales’ (2012) National Association for Youth Justice Campaign Paper

Byrne B and Claire Alexander, Ethnicity and Race in the UK: State of the Nation (Policy Press 2020)

Fox D and Elaine Arnull, Social Work in the Youth Justice System: A Multidisciplinary Perspective (Open University Press 2013)

Goldson B, Dictionary of Youth Justice (Routledge 2012)

Great Britain: Parliament: Joint Committee on Human Rights, ‘Legislative Scrutiny: Offender Rehabilitation Bill’ Sixth Report of Session 2013-2013 11-13.

Hart D, ‘Legal aid sentencing and punishment of offenders act 2012: Implications for children’ (2012) National Association for Youth Justice: London.

McAra L, ‘Child-friendly youth justice?’ (2018) 5 National Association for Youth Justice.

Parmar A, ‘Racism and ethnicity in the criminal justice process’ in Anthea Hucklesby and Azrini Wahidin (eds.), Criminal Justice (Oxford University Press 2013)

Sender H, Brian Littlechild and Nick Smith, ‘Black and minority ethnic groups and youth offending’ (2006) Youth and Policy

Smith R, Youth Justice: Ideas, Policy, Practice (Routledge 2014)

Taylor C, ‘Review of the youth justice system in England and Wales’ (2016) Ministry of Justice.

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