Youth Justice in Wales: Ending the ‘draconian’ system and moving towards a progressive, preventative and human rights- based approach to justice for children?

• In Event: Improving Justice for Youth (?): Case Studies from Belgium, Greece, Hungary & UK

Abstract

In 2023, the United Nations Committee on the Rights of the Child’s Concluding Observations for the United Kingdom stated that the UK has a punitive and draconian youth justice system. Especially due to the forthcoming UK General Election, an opportunity exists for policy makers to reflect on what the Committee said in 2023. Notably, given that many public services which benefit children have effectively retreated (due to austerity and ‘efficiencies’), there remains a political toxicity associated with human rights in Britain and harsher narratives around justice are emerging, a keen focus on ‘justice for children’ is needed. In Wales, as a result of devolution, an emphasis has been placed on social welfare, communitarianism, ‘child first’ approaches and the importance of universal rights and entitlements for children. Yet, squeezed financially by London, the ability of the Welsh Government to make a difference is currently limited.

Yet against this depressing political back drop, innovative activity is being pursued in Wales to: promote prevention; re-align public services so that non-traditional justice agencies are playing a key role in tackling anti-social behaviour and criminogenic factors; and an arguable re-awakening of neo-welfare. Core strategies such as the Wales Youth Justice Blueprint, Future Generations, Rights of Children and Young Persons and family inclusion, rather than pulling children into systems, have the capacity to deploy appropriate interventions, identify and address need and to protect, not punish. This paper, reflecting upon diversionary measures, non-traditional justice agency initiatives and the progress of child rights implementation in Wales will consider findings from empirical research and understand how local policy and practice, operating within a distinctly Welsh ethos, is advancing the cause for progressive justice for children. Through this paper, the views of practitioners, policy makers and children will be shared, with what they considered to be best practice being highlighted.

Authors

• Anthony Charles, Swansea University

• Aaron Brown, Independent Scholar