Children ‘feel justice should create an opportunity to learn from mistakes’

Children feel justice should create an opportunity to learn from mistakes, give access to support and lead to everyone having a second chance, a report funded by the Scottish Government has found.

Youngsters told the Children and Young People’s Centre for Justice (CYCJ) they often felt powerless and judged in their own experiences of justice, and that they wanted equal and better treatment for everyone.

Fiona Dyer, CYCJ’s director, said: “That children and young people experience justice differently to adults is not surprising to hear, given that conceptions and the implementation of justice have been almost exclusively developed and designed through the eyes and needs of adults.

“There are opportunities for children and young people to influence change in the justice system. However, this tends to focus on aspects of the system, or processes, rather than conceptualisations of justice.”

The report, to be published on Wednesday, found that children perceived rehabilitation to be the most significant aspect of justice, with a clear recognition of the underlying causes of offending behaviour.

The Thinking about Justice report also found that children feel they are victims of unjustified surveillance – being watched or followed – and often pre-emptively warned about causing trouble.

The report found for some children there is a deep mistrust and dissent for formal processes of justice.

This group viewed alternative, informal, community-based systems of justice as fairer and more effective and said gender played an important role in personal experiences of justice for both sexes.

Girls, in particular, said they felt forced to change their behaviour to avoid misogyny and gender-based violence – which were viewed as being an expected part of growing up.

Ms Dyer said: “The focus on rehabilitation was encouraging, as it suggests that children may be supportive of the significant development in sentencing guidelines for young people, which prioritises rehabilitation as a central aspect of the judicial process.”

She added: “As Scotland moves further towards alternative approaches to traditional justice and punishment, it is our hope that these findings will play a significant role in improving outcomes for children and young people who come into conflict with the law, and all those affected.”

Keith Brown, cabinet secretary for justice and veterans, welcomed the report.

He said: “It’s so important that children are supported to participate in the justice process, and engage in decisions which affect them.

“What is clear from this report is that the voices of children and young people must be heard to ensure we shape services and supports which meet their needs.

“The findings of the report align with our vision for a rights-respecting approach to youth justice, which places a strong emphasis on the rights of the child and promotes participation of young people.”

As part of the research 32 children took part in online and face-to-face youth-led workshops, with the University of Strathclyde-hosted centre asking them about youth justice.