New measures to help tackle low-level offending by young people and improve victim satisfaction are making a difference Frances Done, the Chair of the YJB, and Justice Minister David Hanson MP said today.
The schemes are being piloted in eight areas via police forces and youth offending teams.
The new Youth Restorative Disposal (YRD) holds 10 to 17-year-olds to account for minor crime and disorder through the use of restorative justice. Restorative justice principles allow the victim to take an active role in the way an offender is dealt with and help them understand how they became a victim of crime. The YRD was designed by the YJB, the Ministry of Justice and the Association of Chief Police Officers.
Frances Done, Chair of the YJB, said:
“Young people often don’t understand what they’re getting into if they commit a crime – the YRD makes them stop and think. It gives a young person who offends for the first time a chance to take responsibility for their actions and improve their behaviour. We believe this is a positive way to reduce the likelihood of reoffending.”
Speaking today at the Annual Youth Justice Convention, David Hanson MP, Justice Minister, said:
“This new measure puts the needs of the victim at the heart of the system, as well as allowing the young person to understand the consequences of their actions.”
“Court is often an inappropriate option for young people who have never committed any previous offence and this will steer young people away from trouble at the earliest possible stage, particularly if their first offence is very minor. By introducing this option for the police, bad behaviour can be nipped in the bud at the same time as the victim’s feelings are addressed. It also frees up the police to deal with more serious offences.”
Assistant Chief Constable, Ian Shannon, North Wales Police:
“The Youth Restorative Disposal helps us give victims a sense of justice and shows them we can right the wrong they’ve been done. The measure is effective and quick – giving us time to work on more serious criminals or simply getting back on the beat.”
Typically, a police officer trained for the YRD will act ‘on the spot’ where circumstances allow and oversee a meeting between the two parties to resolve the offence. The victim may talk about the effect it had on them and there is an apology – sometimes with a plan to make good any damage. For example, in one pilot area, two boys caught fighting after school agreed to a conference that helped them understand how the tension built up and how to avoid it in future. They were able to make peace with each other and avoid a criminal conviction for actual bodily harm. (See below for the full case study.)
A young person can only receive one YRD and can only go through the procedure if all parties are present and consent. The scheme allows the police to use their discretion to deal with first-time offenders more proportionately and can save police time by managing the problem there and then. Youth offending teams see the YRD as another chance to identify young people on the cusp of offending who may benefit from some type of support.
The pilot system prevents young people from being drawn into the Criminal Justice System unnecessarily, which is costly in time and resources and may not be the best way to deal with a young person who commits a low-level crime as their first offence.
The YRD pilot runs in Avon and Somerset; Cumbria; Greater Manchester; Lancashire; Metropolitan; Norfolk; North Wales and Nottinghamshire.
Ends
Notes to editors
- The Youth Justice Board for England and Wales (YJB) oversees the youth justice system in England and Wales. We work to prevent offending and reoffending by children and young people under the age of 18, and to ensure that custody for them is safe, secure, and addresses the causes of their offending behaviour.
- Specifically, we advise the Secretary of State on the operation of, and standards for, the youth justice system; monitor the performance of the youth justice system; purchase places for, and place, children and young people remanded or sentenced to custody; identify and promote effective practice; make grants to local authorities or other bodies to support the development of effective practice; commission research and publish information.
- The pilot scheme closes in April 2009, after which there will be an evaluation to determine whether the project should be rolled out nationally.
- Restorative justice has been shown to help victims move on from the offence and feel more reassured. It also gives an immediate connection between offence and resolution that can help the young person understand the impact of their offence. It enables earlier identification and intervention of potential risk factors, which combined with the use of restorative justice, contributes to reducing the risk of reoffending.
- The Youth Restorative Disposal was highlighted in the Youth Crime Action Plan, a comprehensive, cross-government analysis of what the government is going to do to tackle youth crime unveiled by the Home Office in July 2008. It was first noted in the Children’s Plan (section 6.77).
- How it works:
- Only young people between the ages of 10-17 who have not previously received a Reprimand, Final Warning, or Caution are eligible.
- A young person may only receive one YRD. A future offence would revert to an established criminal justice measure.
- Serious crimes, such as weapons, sexual and drug offences, are not appropriate for a YRD.
- The victim and offender both need to agree to participate in the YRD, which will be facilitated by an authorised officer trained in restorative.
- Children’s services and the YOT are informed after the YRD is issued. This is a new opportunity to identify early risk factors and get the right agencies to step in and provide appropriate support to a young person.
- The YRD will be recorded locally against the young person’s name to ensure that young people are not issued with a further YRD and to avoid disproportionate criminalisation that would result from being record on the Police National Computer.
- The process must be resolved within a reasonable time (e.g. on the street or shortly thereafter).
Case study: Avon & Somerset Constabulary
Two boys caught fighting after school agreed to a conference, in the presence of their parents and guardian. Initially the father of one of the boys thought it would be “namby pamby” and a waste of time but went along with it because his wife wanted to see if it worked and he wanted to know why his son had been attacked. It transpired that the supposed aggressor had actually been provoked by the other boy and had been struggling at school and at home. He had transferred to a new area to live with his aunt following the death of his father and his mother being unable to cope as a parent because of her alcoholism. The boys made peace with each other and the police were able to connect the one boy to a bereavement counsellor and the aunt felt more able to communicate with her nephew. The sceptical father told the police that the process had been “brilliant” and he offered to have a chat with the lad as he had lost his own mother at a young age and understood some of the feelings he was facing.
This conference replaced a criminal conviction for actual bodily harm, several hours of paperwork for the police and not helping the ‘bad blood’ that could have stayed between the boys.