Interactions with the justice system and criminalisation: What pathways lead care experienced children and young people into contact with the justice system, and how do these pathways differ by age, caring environment, care history, and experiences of stability, support, and unmet need?
Background
The Promise makes a clear commitment to reducing the over-representation of care experienced children and young people in the justice system, and ensuring that justice responses are trauma-informed, proportionate, and focused on support rather than punishment. It highlights the connections between care experience, unmet needs, and pathways into offending and criminalisation. More broadly, The Promise emphasises that children who need care and protection should not be drawn into justice processes as a result of system failure.
Prolonged exposure to stress in childhood can disrupt healthy brain development. This can manifest as emotional and conduct problems in childhood, and risk-taking and criminal behaviours in adulthood. An effective evidence base in this area would support understanding of how and why care experienced children and young people come into contact with justice systems, and the impact of different justice responses, including diversion, alternatives to prosecution, and secure care on both short- and long-term outcomes.
In addition to understanding care experienced childrens’ pathways into justice systems as accused or offenders, there is a significant evidence gap around their experiences as victims of crime. Limited evidence exists on the prevalence, visibility, and reporting of victimisation among children experiencing the ‘care system’.
Scottish Government has also published a specific Justice Analytical Services ARI. We would encourage researchers to refer to this document when considering the below questions, specifically the section ‘Crime prevention: understanding and addressing the underlying causes of crime’.
Next steps
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