Discussion questions

At the end of Chapter 8 we provided some discussion questions. We suggest you first re-read section 8.5.3 of that chapter and also consult s 48 and Schedule 9 of the Criminal Justice and Immigration Act 2008 (accessible at http://www.opsi.gov.uk/acts/acts2008/ukpga_20080004_en_1).

1. Do you think the benefits of the current system of reprimands and warnings, together with the new youth conditional cautions, outweigh the disadvantages?

You might consider the benefits of the current system - i.e. the one in force until, and whilst, the youth conditional caution (YCC) is piloted on 16-17 year olds - to be the following:

• the system now has a statutory basis

• police powers to impose reprimands and warnings are regulated by detailed guidance

• warnings can be accompanied by supportive and preventative programmes for young offenders.

• children and young people are diverted from the courts and prosecution

However, you should then consider these benefits in the context of practice prior to the implementation of reprimand and warnings to assess how much change there has been in practice. You should note that the police perhaps had more discretion to use (the old) cautions for children and young people but cautioning had become more tightly regulated by Home Office Guidance by the end of the 1990s. In addition you should recall that 'cautioning plus' was available in some areas and the programmes used were similar to some current programmes, including restorative cautions.

You will also need to refer to research on the availability and effectiveness of restorative conferences and also the preventative programmes offered after a warning to young offenders by the Youth Offending Team (see references in Chapter 8 and further reading on this website). You might also consider whether this earlier and more invasive intervention might 'label' children and confirm them in a pattern of offending.

You should then look at the detail of the new youth conditional cautions, noting that this would in effect normally give a 3rd 'chance' before prosecution but that a variety of potentially onerous and restrictive conditions can be attached, including a financial penalty and attendance for up to 20 hours at a specified programme or activity. Further, failure to comply with any of the conditions attached to the caution may result in the offender being prosecuted for the offence.

2. What lessons are to be learnt, if any, from an examination of past policies and practices?

Here you might review the research undertaken in the 1980s in relation to mediation and reparation projects in criminal justice and assess whether it would be helpful for current policy and practice to take account of the conclusions in relation to the views of victims and offenders, the practical difficulties of arranging meetings, and the problems of encouraging new attitudes and ideas within a traditional criminal justice system.

3. How important a part of policy and practice is restorative justice in the Youth Justice System? [Before you answer this question you may wish to re-read Chapter 6, especially section 6.3]

This is still a difficult question to answer as research is relatively small scale and projects may still not be available in all areas and for all offenders. You might decide that, whilst restorative justice has a high profile in policy, it is not yet 'normal practice' in relation to all aspects of the YJS. It is becoming increasingly important in YOT training and objectives.