Child-friendly Justice and Procedural Safeguards For Children in Criminal Proceedings: New Momentum for Children in Conflict with the Law?

Abstract

Child-friendly justice has its focus on on the effective participation of children in justice systems. During the past decade the concept, grounded in international children’s rights, has become meaningful for justice systems in Europe and beyond. Despite its flaws and gaps, it has the potential of making justice systems more accessible for children, including the (juvenile) criminal justice system with its particular complexity. However, in order to understand its true potential more research is needed. This article elaborates on the concept of child-friendly justice and sheds light on a research agenda around its core elements.

Exploring Children’s Understanding of the Legal Rights of Suspects in England and Wales

“…3 See Liefaard (2020) for further details of developments relating to 'child-friendly' justice and procedural safeguards for children in criminal proceedings. interview young suspects, although this did not allow us to enter into discussions over the details of the alleged offence(s).…”

“… 3 See Liefaard (2020) for further details of developments relating to ‘child-friendly’ justice and procedural safeguards for children in criminal proceedings. …”

The role of the courts in protecting children's rights in the context of police questioning in Ireland and New Zealand

“…39). This high degree of specialisation and knowledge among the judiciary is essential to ensure that decision making is fair, just and appropriate to the child's age and stage of development (Monahan, Steinberg & Piquero, 2015), particularly in light of the fact that new scientific evidence around children's development and brain development provides a cogent argument for the contention that children should be treated differently than adults (Liefaard, 2020).…”

“…On a separate but related matter, Section 66 of the Children Act 2001 provides that a failure by Gardaí to observe the procedural requirements set out in Sections 56-63 will not affect the lawfulness of the detention of the child, nor will it affect the admissibility of evidence obtained in breach of these rules, although individual Gardaí may be liable to disciplinary proceedings. This lack of significant statutory remedies for the child for breach of the procedural safeguards fundamental to the effective realisation of the right to participation seriously lessens the protections provided by these provisions, and arguably impacts on the child's right of access to justice (Liefaard, 2020).…”

The Development of the Irish Youth Justice System: Toward a Children’s Rights Model of Youth Justice?

“…While no assessment of the protection of children’s rights in adult courts in Ireland exists, research in the Children Court has documented the difficulties children experience in participating in a meaningful way (Carroll & Meehan, 2007). Given that the 2001 Act does not set out detailed requirements for the adaptation of court environments to reflect international principles of child-friendly justice (Liefaard, 2020), efforts by professionals to adapt the practice to take further account of the rights of children are critical. There are some indications that the judiciary has been developing their practice with a view to implementing children’s rights standards.…”