Trial and Treatment of Youth Offenders: Human Rights at the Coalface of Youth Justice

Introduction | The need for a principled approach | Persisters and desisters - two types of youth offender | Trial and treatment in a principled youth justice system | Conclusion

V CONCLUSION

A principled approach to trial and treatment is vital to safeguard vulnerable young people from human rights abuses. Heinous but isolated crimes understandably bring calls to “get tough” on youth offenders but knee-jerk responses are inappropriate and potentially dangerous. They take no account of the peculiar needs and potential for rehabilitation found within this difficult group. With a fair trial and the right treatment, the vast majority of young people can be encouraged to put their offending behind them and become responsible contributing adults. Trial and treatment of young people must be based on fundamental principles such as those found in UNCROC. Finalising the detail of principles and policy flowing from such international instruments is difficult but, at the very least, a principled youth justice system should exhibit two key features. Firstly, young people should be dealt with in a distinct youth justice system that is qualitatively different to its adult criminal justice counterpart. This distinct system should uphold the rights of children and young people by seeking to adhere to the principles found in international instruments. And secondly, youth justice professionals should remain cognisant of relevant research into youth offending and psychology and tailor their systems to accommodate the specific needs of young people. There is a place for a punitive response and the safety of the public must be paramount but nevertheless youth offenders should be dealt with in a principled manner. Youth justice should not be marginalised and we do so at our own peril – youth offenders are tomorrow’s law-abiding citizens or tomorrow’s serious offenders. In many cases, which way they fall is determined by the youth justice system.