Remand decision-making in the youth court. A comparative analysis of youth remand and bail in England &amp; Wales and the Netherlands

Brink, Yannick van den

doi:10.1016/j.ijlcj.2021.100487

Cited by 4 publications

(11 citation statements)

References 25 publications

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“…This article is part of a larger comparative research project on remand decision-making and equality in youth courts (cf. Van den Brink 2021a, 2021b) and draws on empirical research conducted in youth remand courts in England and the Netherlands (Van den Brink, 2018a, 2021a, 2021b; Van den Brink et al, 2017). With the permission of the Ministry of Justice, Her Majesty's Courts and Tribunals Service and the Crown Prosecution Service (CPS), the author conducted observations and interviews in two Magistrates’ Courts in a big city in England.…”

Section: Methodsmentioning

confidence: 99%

“…Together the above-mentioned English and Dutch studies have produced a wealth of empirical data on remand decision-making in youth courts (cf. Van den Brink, 2021a). It should be noted, however, that the largely qualitative case study design implies that the samples of the studied courts in England and the Netherlands, the observed cases and the selected interview respondents cannot be considered representative for the English and Dutch youth justice systems as a whole (Schwandt and Gates, 2018).…”

Section: Methodsmentioning

confidence: 99%

“…Remand decision-making in youth courts is an understudied topic in academic research, internationally (Allan et al, 2005; Van den Brink, 2019), but also in England and the Netherlands (Van den Brink, 2021a; cf. Gibbs and Ratcliffe, 2018).…”

Section: Youth Remand Decision-making; Case Studies From England and ...mentioning

confidence: 99%

“…These and other statistics and research findings indicate that disproportionality and disparities in youth remand decision outcomes exist in both England and the Netherlands (as well as in many other jurisdictions across the globe), regardless of the cross-national differences in youth remand legislation and policies and differences in the social, cultural and institutional context in which remand decisions are made (cf. Van den Brink, 2021a). This indicates that exploring possible common underlying drivers or catalysts of disparity in the youth remand decision-making process in the two selected jurisdictions might inform our understanding of how disproportionality and disparity are produced in youth remand decisions more generally (cf.…”

Section: Youth Remand Decision-making; Case Studies From England and ...mentioning

confidence: 99%

“…Using the ‘courts as inhabited institutions’ perspective (Ulmer, 2019) as a theoretical framework, this article does not focus on the legal or substantive dimensions of remand decision-making for youth (cf. Van den Brink, 2021a), but rather on the underlying dynamics and processes that shape these decisions. Based on empirical research in youth remand courts in England and the Netherlands, this article scrutinizes the dynamics of youth remand decision-making processes with particular attention to the interactions between the involved youth justice actors and the cultural and practical contexts in which they operate.…”

Section: Introductionmentioning

confidence: 99%

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Different but equal? Exploring potential catalysts of disparity in remand decision-making in the youth court

Brink

2021

Social & Legal Studies

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The disproportionate use of remand detention (i.e. pre-trial detention) for vulnerable and marginalized youth is an issue of concern globally and demographic disparities in youth remand decision outcomes have been found in many jurisdictions, including England and the Netherlands. This article aims to explore and identify potential catalysts of disparity in the collective process of remand decision-making in youth courts. Drawing from Ulmer’s ‘inhabited institutions’ perspective, and the related ‘court community model’ and ‘focal concerns model’, and empirical findings from research in Dutch and English youth remand courts, this article suggests that several distinctive mechanisms and features of the youth remand decision-making process might function as catalysts of disparity. The findings indicate that the focus on ‘risk’ and ‘welfare needs’, the distinctive context defined by time constraints, limited information, shortages of readily available services, interdependency and interdisciplinary, and high stakes, combined with the profoundly human nature of courtroom workgroup decision-making, make the remand decision-making process in youth courts particularly prone to producing unwarranted disparities. Ultimately, informed by the theoretical perspectives and empirical findings, the article provides insights into how and why disparities might occur in youth remand decisions and offers suggestions for policy, practice and future research.

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Section: Methodsmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Section: Youth Remand Decision-making; Case Studies From England and ...mentioning

confidence: 99%

Section: Youth Remand Decision-making; Case Studies From England and ...mentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Different but equal? Exploring potential catalysts of disparity in remand decision-making in the youth court

Brink

2021

Social & Legal Studies

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A Multi-disciplinary and Comparative Approach to Evaluating Pre-trial Detention Decisions: Towards Evidence-Based Reform

Dhami

Brink

2022

Eur J Crim Policy Res

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The decision to remand a defendant into custody pre-trial is one of the most controversial criminal justice decisions because it deprives individuals of their liberty while they are presumed to be innocent of a crime. Indeed, pre-trial detention decisions can have significant consequences for defendants, which need to be balanced against the potential implications of bail for public safety and the course of criminal proceedings. Despite this, court-based bail and remand decision-making remains relatively underexplored. In this paper, we compare court-based bail/remand decision-making in England and Wales and The Netherlands. We focus on (i) the procedure and structure of decision-making, (ii) the substantive relevant legal frameworks, (iii) the courts in which the decisions are made and the decision-makers in those courts, (iv) the conditions characterizing the decision task, and (v) the court’s reasoning of bail and remand in custody decisions. Using a comparative and multi-disciplinary approach, relying on Law, Criminology, and Psychology, we make predictions about bail and remand in custody rates in the two jurisdictions as well as the decision performance of court-based decision-makers. These predictions are then evaluated using available (official) statistics and past research. We identify the need to collect more nuanced statistical data on bail and remand in custody rates and point to potentially fruitful avenues for future research. A comparative, multi-disciplinary, evidence-based approach can underpin remand reform in England and Wales, The Netherlands, and beyond.

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Equality in the Youth Court: Meaning, Perceptions and Implications of the Principle of Equality in Youth Justice

Brink¹

2021

Youth Justice

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Equality is a fundamental principle, also in youth justice. Nevertheless, children from ethnic minorities, children with disabilities and children from low socioeconomic backgrounds are vastly overrepresented in youth detention populations across the globe. This article combines interdisciplinary theoretical perspectives and empirical findings from interviews with practitioners from two English youth courts to explore the meaning, perceptions and implications of the principle of equality in the specific context of the youth court. Ultimately, this article presents the first contours of a conceptual model of equality in the youth court, which aims to inform policy, practice and future research.

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Remand decision-making in the youth court. A comparative analysis of youth remand and bail in England & Wales and the Netherlands

Cited by 4 publications

References 25 publications

Different but equal? Exploring potential catalysts of disparity in remand decision-making in the youth court

Different but equal? Exploring potential catalysts of disparity in remand decision-making in the youth court

A Multi-disciplinary and Comparative Approach to Evaluating Pre-trial Detention Decisions: Towards Evidence-Based Reform

Equality in the Youth Court: Meaning, Perceptions and Implications of the Principle of Equality in Youth Justice

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