Lacey, Lauren
(2012)
Youth justice in England and Wales: exploring young offenders’ perceptions of restorative and procedural justice in the referral order process.
PhD thesis, London School of Economics and Political Science.
Abstract
In recent years the government has introduced youth justice policy which claims to
draw on the philosophy of restorative justice as an alternative to punitive sanctions.
Referral orders were implemented nationally in 2002 and purportedly represent a
significant policy commitment to restorative justice. Rather than incarcerating
offenders or deterring them through punishment, referral orders aim to encourage
them to understand the consequences of their behaviour, make amends and re-join the
law abiding community. This is purportedly achieved through a youth offender panel
(panel meeting) run by lay members of the local community along with a member of
staff from the youth offending team (YOT). The panel meeting aims to provide a
forum away from formal court proceedings to discuss the offence and to agree and
construct a contract that the offender must follow.
Referral orders therefore present a useful arena in which to explore young
offenders’ experiences of restorative justice and to compare this with their experience
of the more formal court process. Research has revealed that fair procedures are
important in securing people’s compliance with the law and that offenders view
restorative processes as fairer than court. However, the majority of research in this
area has been done with adults and there is comparatively little research that focuses
on young offenders’ perceptions of criminal justice processes. For children,
procedural safeguards largely relate to the manner in which adults interact with them.
My research therefore explores young people’s experiences with a range of authority
figures including: teachers, police officers, magistrates, lay panel members and staff
at the YOT. In doing this I aim to consider both how young people perceive the
restorative elements of referral orders and more broadly, the way in which they form
judgements of different criminal justice processes and sources of authority.
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