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Differential treatment in the youth justice system - Equality and ...

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DIFFERENTIAL TREATMENT IN THE YOUTH JUSTICE SYSTEMThe government’s commitment to neighbourhood polic<strong>in</strong>g, with values that are rooted<strong>in</strong> traditional community polic<strong>in</strong>g, is to be welcomed. However, we have seen atension between <strong>the</strong> desire to reassure <strong>the</strong> public – for example through visibleassertive polic<strong>in</strong>g – <strong>and</strong> to reta<strong>in</strong> <strong>the</strong> confidence of those who are most often or mos<strong>the</strong>avily policed. In our view <strong>the</strong> most important target audience for any ‘confidencebuild<strong>in</strong>g’strategies are those groups most at risk of <strong>in</strong>volvement <strong>in</strong> crime – which, <strong>in</strong><strong>the</strong> areas we studied, will be teenage boys <strong>and</strong> young men from sociallydisadvantaged ethnic groups.Our exam<strong>in</strong>ation of young people’s experience once <strong>the</strong>y have entered <strong>the</strong> <strong>youth</strong><strong>justice</strong> process suggests overall that <strong>the</strong> disproportionality that occurs at <strong>the</strong> po<strong>in</strong>t ofentry is preserved as <strong>the</strong>y pass through <strong>the</strong> <strong>system</strong>. <strong>Differential</strong> <strong>treatment</strong> occurs atsome po<strong>in</strong>ts <strong>in</strong> <strong>the</strong> <strong>system</strong> – <strong>in</strong>dicat<strong>in</strong>g <strong>the</strong> possibility of discrim<strong>in</strong>ation betweengroups – though we found no evidence of differential use of custody except at <strong>the</strong>rem<strong>and</strong> stage (which may have knock-on effects at sentenc<strong>in</strong>g). In general,differences <strong>in</strong> <strong>the</strong> <strong>treatment</strong> of different ethnic groups were smaller than differencesacross areas. Clearly <strong>the</strong> need here is for cont<strong>in</strong>ued monitor<strong>in</strong>g to check fordifferential <strong>treatment</strong>, <strong>and</strong> to see if ethnicity ra<strong>the</strong>r than o<strong>the</strong>r relevant factors is apredictor of <strong>the</strong>se differences. For this to be done, <strong>the</strong>re needs to be periodicrepetition of <strong>the</strong> sort of analysis presented here <strong>and</strong> <strong>in</strong> Feilzer <strong>and</strong> Hood (2004).Simple monitor<strong>in</strong>g of differences <strong>in</strong> outcomes for different ethnic groups is necessary,but not sufficient to establish whe<strong>the</strong>r <strong>the</strong> <strong>system</strong> is operat<strong>in</strong>g fairly.The recommendations below relate largely to polic<strong>in</strong>g, because our analysissuggests that <strong>the</strong> issues that need most attention are at <strong>the</strong> po<strong>in</strong>t of entry,ra<strong>the</strong>r than <strong>in</strong> <strong>the</strong> later stages of <strong>the</strong> <strong>youth</strong> <strong>justice</strong> process.Police leadershipWe see a need for a shift from adversarial to professional styles of polic<strong>in</strong>g youngpeople. This requires changes to polic<strong>in</strong>g culture <strong>and</strong> values, which is not easy toachieve. For this to occur, <strong>the</strong>re has to be clear <strong>and</strong> visible leadership about <strong>the</strong>quality <strong>and</strong> style of polic<strong>in</strong>g that senior officers expect <strong>the</strong>ir staff to deliver, <strong>and</strong> about<strong>the</strong> st<strong>and</strong>ards of professionalism that are required. Mak<strong>in</strong>g this change happen is93

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