A Critical Analysis of Restorative Justice in Britain: Focused on the Theory, National Policy, and Practice of Youth Justice
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The purpose of present paper is to analyze restorative justice system including theory, national policy, and practice of british youth justice. In Britain, after a slow start, predominantly at the grass roots level, the movement behind restorative practices has proliferated and rapidly gained momentum. New Labour’s ascension to government catapulted restorative justice into the limelight in 1997. As part of what was hailed as ‘the most radical overhaul of the Youth Justice System in fifty years’, restorative justice principles were incorporated into the Crime and Disorder Act 1998 underlying the Final Warning, The Reparation Order, and the Action Plan Order. The Referral Order, the first legislated disposal to be predominantly based upon the Principles of Restorative Justice was introduced in the Youth Justice and Criminal Evidence Act 1999. Regardless of changes representative of devolution of power to the local level, New Labour’s policies also represented a significant move towards a more centralized, managerial national system of youth justice. The general themes that underlie New Labour’s ‘New Youth Justice’ are managerialsm, communitarianism and populist punitiveness; to which may be added the sub themes of paternalism, responsibilisation and re-moralization. Therefore, in light of the extensive criticisms levelled against its youth justice policy, one may question whether Restorative Justice Principles are compatible or even implementable in New Labour’s Youth Justice System. The paper takes into consideration that the academic understanding of restorative justice may differ from the political interpretation, and that practice may be influenced by both and yet may diverge when faced with the practical realities of implementation. Therefore in providing a critical analysis, it is not the purpose of the study to provide definitive answers to the problems and issues of restorative justice and its national implementation but rather to raise questions and critically examine the available literature.
Abstract
The purpose of present paper is to analyze restorative justice system including theory, national policy, and practice of british youth justice. In Britain, after a slow start, predominantly at the grass roots level, the movement behind restorative practices has proliferated and rapidly gained momentum. New Labour’s ascension to government catapulted restorative justice into the limelight in 1997. As part of what was hailed as ‘the most radical overhaul of the Youth Justice System in fifty years’, restorative justice principles were incorporated into the Crime and Disorder Act 1998 underlying the Final Warning, The Reparation Order, and the Action Plan Order. The Referral Order, the first legislated disposal to be predominantly based upon the Principles of Restorative Justice was introduced in the Youth Justice and Criminal Evidence Act 1999. Regardless of changes representative of devolution of power to the local level, New Labour’s policies also represented a significant move towards a more centralized, managerial national system of youth justice. The general themes that underlie New Labour’s ‘New Youth Justice’ are managerialsm, communitarianism and populist punitiveness; to which may be added the sub themes of paternalism, responsibilisation and re-moralization. Therefore, in light of the extensive criticisms levelled against its youth justice policy, one may question whether Restorative Justice Principles are compatible or even implementable in New Labour’s Youth Justice System. The paper takes into consideration that the academic understanding of restorative justice may differ from the political interpretation, and that practice may be influenced by both and yet may diverge when faced with the practical realities of implementation. Therefore in providing a critical analysis, it is not the purpose of the study to provide definitive answers to the problems and issues of restorative justice and its national implementation but rather to raise questions and critically examine the available literature.
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