Restorative Final Warnings: Policy and Practice
نویسندگان
چکیده
This article explores the diversionary measure of restorative final warnings within the context of the youth justice system. We examine the philosophy and rationale of the new era in cautioning and discuss the potential practice implications since its implementation in 2000, under the statutory legislation within the Crime and Disorder Act 1998. To date there has been very little research or academic debate on the new system of police cautioning of youth. Additionally, as final warnings develop a greater association with restorative justice practices, we explore how this ‘pre court’ intervention has the potential to broaden oppressive and discriminatory practices within the youth justice system in relation to particular societal groups. We will begin by explaining how police cautioning of youth has changed with the implementation of the Crime and Disorder Act 1998 and then explore contemporary police practices and outcomes regarding youth and the restorative final warning scheme. We will highlight the conflicting nature of the new scheme which requires voluntary agreement throughout its statutory process to ensure successful completion. We will also demonstrate that the systematic implementation of final warnings has reduced police discretion and increased levels of police accountability, and that this, in turn, appears to have increased the potential for net widening and disproportionate punitive outcomes received by young people, especially regarding young females. Crime and Disorder Act 1998 The Crime and Disorder Act 1998 was an attempt by the British government to establish a statutory obligation on local authorities and professional bodies to create a unified and structured approach to responding to youth crime (Card and Ward 1998; Home Office 1998). Section 37 of the Act states that: ‘It shall be the principal aim of the youth justice system to prevent offending by children and young persons’. This is to be achieved by placing a duty on local authorities to create
منابع مشابه
Restorative Approach of Justice; Pathology & Operation Improvement
Penalization & treatment have been proposed in criminal justice system. In the last decades of the twentieth century, penalization system has been seriously criticized, the approach that gives no significant role to all stakeholders of crime. Particularly victim, who is merely, means to prove the crime. Theory of treatment the offender / rehabilitation also, mainly criticized with the lack o...
متن کاملHealth warnings on tobacco products: international practices.
Health warnings on tobacco products have emerged as a prominent area of tobacco control policy. Regulatory practice has rapidly evolved over the past decade to the point where health warnings on tobacco products continue to set international precedents for their size and comprehensiveness. The current paper provides a general review of current regulatory practices, including physical design fea...
متن کاملListening to Victims—A Critique of Restorative Justice Policy and Practice in the United States
FOR AT LEAST the past 25 years, the victim role in criminal justice has been debated in theory and contested in practice. Of particular significance to proponents of restorative justice is Christie's (1977) assertion that conflict is the "property" of the victim. Normatively then, victims should assume a central role in justice responses to crime and anti-social behavior. But empirically, have ...
متن کاملThe youth justice system in England and Wales: History, current developments and key issues in policy and practice with young offenders
The following areas will be addressed in the article, based upon a review of relevant evidence in these different areas. 1) Health, safety and well-being (including mental health) 2) Interprofessional and interagency working/sharing of information 3) Restorative approaches 4) Restorative justice 5) Young people who have sexually abused 6) Young people held in police custody 7) Risk assessment i...
متن کاملRestorative Justice: the Current Use of Family Group Conferencing in Tiie British Youth Justice System
This paper will emmine the current use of family group conferencing with regard to young people in the British youth justice system. Restorative justice is currently at the pinnacle of the British political agenda and policy makers are seeking to legislate for more restorative justice practices to take place within the criminal justice system. Much has been written about restorative justice int...
متن کامل