Juvenile Justice
Youth justice was implemented as part of a comprehensive set of changes to the law affecting children under the Children (NI) Order 1995. The criminal justice system for children was reformed through the Criminal Justice (Children) (Northern Ireland) Order 1998 and the Justice (Northern Ireland) Act 2002.
Significant changes in the criminal justice system followed the Good Friday/Belfast Agreement and are reflected in the Justice (Northern Ireland) Act 2002.
Under the Children’s Order, there is a duty on the [Boards] to take reasonable steps to minimize the need for criminal proceedings against children. They are obligated to encourage children not to commit offenses, and this must be reflected in Children Service Plans.
The principal youth detention Centre is the Young Offenders Centre Hydebank County, Antrim, which accommodates young offenders and male prisoners on remand. The Juvenile Justice Centre is located in Rathgael County Down, and it serves as a detention Centre for children found guilty of offenses requiring a custodial sentence.
The Probation Service has existed for many years and is placed on a statutory footing under the Probations (Northern Ireland) Order 2002. It provides probation services and makes arrangements for work under Community Services Orders. Additionally, it provides social welfare functions in prisons and youth offender Centres.
There are probation officers for each magistrate court district. Probation officers do not undertake civil or social work, as those aspects are handled by the Health Trusts.
The Probation Board of Northern Ireland is an independent entity comprising 16 members appointed by the Secretary of State. Probation services are available for those over 10 years of age.
The Youth Justice Agency coordinates the youth justice system. Established in 2002, it took over the functions of the Juvenile Justice Board.
The principal objective of the youth justice system is to prevent offending by children and protect the public. All participants in the system are required to have regard for this aim. Children are encouraged to recognize the effects of crime and take responsibility for their actions.
Organizations within the youth justice system must also consider the welfare of the children. There is a strong emphasis on avoiding delays within the system, as such delays are recognized as potentially detrimental to the child’s development.
Children aged 17 and under charged with summary offenses, which would otherwise be prosecuted in the magistrate’s court, are tried in the Youth Court. The youth court operates within the magistrate’s court while hearing children’s offenses. Lay magistrates participate in the youth court proceedings in a manner similar to family proceedings.
Two lay panels hear cases with a resident magistrate, one male and one female.
The youth court must adhere to certain guidelines designed to ensure the active participation of youth and a fair trial. Participants are required to be seated at the same level, and the trial is conducted in a manner that is understandable to children. Judges do not wear formal robes, and children and justice officials may communicate during the trial.
Children are generally granted bail, with a presumption in favor of granting bail. Children may be detained only if the offense involves violence or sexual assault that, if committed by an adult, would carry a prison term of 14 years, and the court deems it necessary to detain the young person in custody to protect the public.
Children who are held in police stations or charged must not be allowed to be with adult suspects. When they are arrested, a person responsible for their welfare must be contacted and informed.
Children may provide unsworn evidence provided it is intelligible. Reporting restrictions are in place to preserve anonymity. The language used seeks to avoid labeling children as offenders in the case of summary offenses.
The criminal age of responsibility is 10, although there have been recommendations to increase it to 14.
Restorative justice aims to have the offender admit their offense and voluntarily participate in a restorative justice program. This principle is reflected in youth conferencing measures.
The general principles of arrest and detention apply with modifications to persons under 17. The PACE (Police and Criminal Evidence) Act provides for an appropriate adult to protect the interests of juveniles and children who have been arrested. The appropriate adult may be a social worker or another party. The appropriate adult is informed of the reason for the detention and is generally requested to attend the designated police station.
The appropriate adult is advised of the reason for and the fact of the detention. The appropriate adult observes the process and advises the detained juvenile.
A proposed adult may be a relative, guardian, a person responsible for care and custody, or a person if the above are not available, a responsible adult.
A social worker may act as the appropriate adult but should advise the parents or guardians. Parents or guardians should be the appropriate adult unless they are suspected of being involved in the matter charged or have been convicted.
The role of the appropriate adult is to ensure that the process is conducted fairly and properly. They should ensure that the suspects understand questions and are entitled to clarify ambiguities and lack of understanding on the part of the detained youth.
If children are charged and not released, they are to be taken to a place of safety. When the appropriate adult is a social worker, they may organize this. Alternatively, the child may be detained in a juvenile Centre.
After completing questioning, the police may caution the juvenile. Cautioning is commonly used under the juvenile liaison scheme. Under the scheme, children who come to the attention of the police are referred to it. Caution or warning, whether formal or informal, may be given. A formal caution is given where there is sufficient evidence to prosecute.
A warning is usually given by a senior officer in a police station and is recorded by way of a certificate. These warnings are administered through a conferencing process in which the victim is encouraged to participate and meet the offender.
An informal caution is not recorded but may be cited in court at a later date if the accused is charged with another offence. A diversionary conference may be convened at the direction of the DPP as an alternative to prosecution.
The child must consent to taking part and admit the offence. The conference may decide to take no action, direct the child to be prosecuted for the offence, or subject the child to a youth conference plan.
The DPP receives the recommendation and, if they agree to a youth conference plan, they may not prosecute.
The conference involves meetings to determine how the child is to be dealt with for the offence. A youth conference coordinator is appointed for this purpose. The child, police, and appropriate adults will attend, and the victim may also attend. The child may be legally represented.
Anything done in the conference is not admissible in subsequent proceedings. Statutory rules, the Youth Conference Rules Northern Ireland 2003, cover the conference.