Restorative Justice in the Danish Youth Crime Boards?

• In Event: Juvenile Justice 4. Novel Approaches in Juvenile Justice

Abstract

Launched in 2019, the Danish Youth Crime Boards were part of a political strategy aimed at “fighting and preventing” youth offending. The target group comprises offenders aged 10 to 17 years, with those under 15 years falling below the age of criminal responsibility. However, these boards have faced professional criticism and concern, particularly in relation to the UN Children’s Rights Convention.
Within the legislative framework, it is recommended that the boards’ verdicts should possess a “restorative character to the extent possible.” A novel category of verdicts, termed “instant reactions,” has been introduced in this context. These verdicts are expected to align with the principles of restorative justice.
The author of this study examines the restorative aspect of the legislative framework governing the boards. Additionally, the study looks into how this aspect is put into practice by the boards and perceived by board members. Notably, the legislative framework lacks clarity on this matter and does not fully mirror internationally recognized definitions of restorative justice, which the boards’ verdicts should ideally reflect.
As of now, “instant reactions” are rarely applied by the boards. The study identifies key reasons for this limited usage, including a lack of understanding and recognition among municipal caseworkers (who make recommendations for the boards’ decisions) and board members regarding the potential content and purpose of such reactions.
At the Danish political level, there is dissatisfaction with the infrequent use of instant reactions. Initiatives are underway to address this issue. However, the author questions whether the proposed approaches will genuinely steer the boards toward a more restorative direction. Instead, the author suggests drawing inspiration from Norway’s practices in this regard.

Author

• Katrine Barnekow Rasmussen, University of Copenhagen