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Are we putting all children first? Diversion, Disproportionality, and the English Youth Justice System

Thu, September 12, 5:30 to 6:45pm, Faculty of Law, University of Bucharest, Floor: Ground floor, Room 1.11

Abstract

This paper presents findings from a current research project investigating racial disproportionality in the youth justice system in the UK, specifically in relation to decision making in diversionary practice. The project is a partnership between the University of Bedfordshire and Manchester Metropolitan University, funded by the Nuffield Foundation. Over-representation of minoritised children in the youth justice system has been captured in criminological literature and policy research documents, evidencing a disproportionate likelihood of formal sanctions, including custodial sentences. This raises debate about the varying experiences of children and young people from initial interactions with police continuing throughout the youth justice system and challenging policy commitment to ‘Child First’ in the English and Welsh Youth justice systems. The project’s research methods have included a national survey of youth justice leads; quantitative analysis of local area statistics on diversionary outcomes, ethnic background, age and gender; case studies of four English sites, including analysis of case files and interviews with key professionals and children. This paper focuses on emerging findings from the study, specifically in relation to decision making processes and potential implications for children and young people.

The study is ongoing, but it is evident that diversionary outcomes for young people vary nationally and across our four fieldwork sites. This paper will dig into the emerging findings in respect to possible reasons for this. This paper will focus on the relationship between the ethos and approach of local youth offending teams and diversionary practice; the different perceptions of “influence” and “agency” across the decision making systems, specifically the relationship between police and youth justice; and the implications of the system context for the young person’s experiences of diversion.

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