Youth Conferences
1. A youth conference is a meeting or series of meetings held to consider how a child should be dealt with for an offence. If a conference goes well it should result in a plan of action for dealing with the offence and the youth person in accordance with the principles already described.
2. A youth conference comprises of, as a minimum, the youth conference co-ordinator as facilitator, the young person, an appropriate adult, and a police officer. It is hoped that in most cases the ‘appropriate adult’ will be a parent or guardian of the child, however, it may be necessary for someone else, such as a social worker, legal representative or other willing responsible person to fulfill this role. Others are also encouraged to be present at the conference. These may include the victim, or someone representing the victim, e.g. if the victim is not regarded as an individual, such as a business, company or public body. The victim and young person may also be supported at the conference by an individual.
3. The conference should also involve others who could make a useful contribution to the process, for example, professional people such as social workers or probation staff; or significant people in the young person’s life, such as family friends or teachers.
4. Legal representatives of the young person may attend a conference, and there is provision in the legislation for legal aid. However, it must be stressed that the purpose of a conference is not to consider questions of guilt or innocence, but to consider an appropriate plan of action in a way that fully engages the young person. This will have implications for the role of any legal representative attending a conference. The conference is a restorative medium not adversarial, as is the case in the retributive youth justice system.
5. Conferences are organized and overseen by youth conference co-ordinators. Most conferences run smoothly, but in the event of problems, the co-ordinator has the power to exclude people from the conference.
6. Conferences are intended to achieve a specific outcome, they are not run to a set pattern or follow a predetermined script. The aim is to provide a forum of discussion with the perpetrator of the crime, the victim of the crime, and all affected by the crime. The conference discussion allows for expressions of the harm caused and for the young person to make amends for the harm and to be held accountable to the Youth Conference Service, the Court or the Public Prosecution Service. The family and the entitled others are encouraged, with the young person, to create solutions to prevent re-offending, which will become part of the action plan.
7. Ultimately, however, any plan arising from a conference will require at a minimum the agreement of the offender, expressed either in court where the conference has been ordered by the court, or at the conference itself where the conference is diversionary. (While not having a veto over the plan as whole, no person attending the conference will be required to take or be the subject of an action that he/she disagrees with, for example, a victim is not required to accept reparation even if the rest of the conference thinks it is a good idea.)
