Skip to main content

Problem-Solving in Youth Courts

Developing practices to respond better to a changing youth court

In the last 10 years, there has been a 75% decline in cases coming into the youth court, caused by both falls in youth crime and diversion practice which addresses low-level offences without putting young people through prosecution or formal cautions. However, while there are now fewer court-involved young people, they tend to have significant welfare and other needs as well as more serious offending profiles than they did a decade ago. 

The reduction in caseload provides an opportunity for the youth court to develop and enhance practice that seeks to hold young people accountable while helping them to proactively engage with the court to address the factors driving their offending. Problem-solving practice is one such approach. 

Problem-solving courts have been used to combine punishment with intervention, focussing on an underlying issue – for example substance misuse. The court ensures that cases are heard in dedicated sittings and they can include specially trained court professionals who take time to better understand the background and needs of each offender. While some elements of problem-solving are already practised in youth courts, there is potential to do more. 

What we’re researching:

Our multi-year research study of practice in youth court in three sites across England was conducted in collaboration with the Centre for Justice Innovation and funded by the Nuffield Foundation. Through interviews with young people and court professionals and observation of youth court hearings, we examined current youth court practice through the lens of evidence-led problem-solving justice. We explored the procedural fairness of youth court hearings – a model which emphasises the importance of feeling fairly treated in determining a person’s future trust in and compliance with the law. We examined the specialism of practitioners and the range of interventions and supervision they offered, and we also sought to capture evidence of local innovation and enthusiasm for enhancing practice. 

Our research report, Time to get it right: Enhancing problem-solving practice in the Youth Court will be published, in collaboration with the Centre for Justice Innovation, in early July. A briefing paper based on part of this research – Young People’s Voices on Youth Court – presents findings from interviews with 25 young people who had recently attended court as a defendant. 

Much of what they told us related to aspects of procedural justice. The young people often spoke of their difficulties in understanding what was happening in court, and of feeling unable to speak, either through nervousness or fear or a perceived lack of opportunity to have any voice in court proceedings. However, they also noted aspects of professional practice that made them feel more at ease. Efforts made by court staff and judiciary to engage with the young person, for example, by asking what name they preferred to be called by or apologising for any delays, were appreciated and contributed positively to their feelings about fair and respectful treatment by the court.

“We have worked closely with practitioners in our research sites who provided feedback on local findings and took part in an impact day to contribute to the development of short and longer-term recommendations for enhancing practice based on the research findings.”

What will the impact be?

Dr Jessica Jacobson, Director, Institute for Crime and Justice Policy Research explains, "Our research follows on from a series of independent reviews* which have promoted problem-solving approaches in the Youth Court. We have worked closely with practitioners in our research sites who provided feedback on local findings and took part in an impact day to contribute to the development of short and longer-term recommendations for enhancing practice based on the research findings. These are included in our report and will be disseminated in national forums and at local briefings over the coming months."

* Lammy, D. (2017) An independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic individuals in the Criminal Justice System; Independent Parliamentarians’ Inquiry into the Operation and Effectiveness of the Youth Court (2014). Chaired by Lord Carlile of Berriew CBE QC; Taylor, C. (2016) Review of the Youth Justice System in England and Wales. London: Ministry of Justice.

Project Fact-file

Further Information

Read more about the Institute for Crime and Justice Policy Research

Read here for an update on the launch of the Report

 

More news about: