Abstract
In Scotland, the Whole System Approach to preventing and reducing offending includes the provision of court support for young people under 18 years. This article outlines the insights from an evaluation of one Scottish local authority’s support service. Semi-structured interviews conducted with 26 participants were combined with observation of interactions between support workers and young people, with some additional follow-up statistical analysis of key outcomes. The insights suggest that the court support helped to reassure young people and make them more aware of their rights. It helped many young people to avoid receiving custodial sentences, meet bail conditions, reflect upon their offending behaviour and begin to make alternative choices.
Introduction
Research suggests that processing young people through the justice system increases the likelihood they will offend again and re-enter the system (McAra and McVie, 2007; Petitclerc et al., 2013; Petrosino et al., 2010). In the light of this evidence, the Scottish Government introduced in 2011 the Whole System Approach (WSA) to preventing and reducing offending by young people. The approach seeks to maximise opportunities for young people to be diverted away from the adult justice system through early and effective intervention (EEI) or diversion from prosecution. Where this is not possible, support should be provided to those young people who are prosecuted through the adult justice system and are required to attend court. This article examines the impact of the court support service that was developed by one Scottish local authority as part of the WSA. Drawing predominantly on a qualitative evaluation of the experiences of young people who were processed through the adult justice system (complimented by some basic statistical analysis of outcomes), the aim is to explore the effects of court exposure on young people’s lives and the ways in which the service supported the young people during that exposure. The article also examines the extent to – and ways in which – the service enabled young people to experience improved sentencing outcomes and nurtured stronger commitment to criminal desistance.
Context and Background
Over the last 20 years, concern has grown over the criminogenic effects that formal system processing has on young people (Haines et al., 2013). A systematic review of 29 experimental studies found that court-processed adolescents were significantly more likely to reoffend within a 12-month period compared to those who were diverted (Petrosino et al., 2010). Similar results have been reported in international non-experimental studies (Gatti et al., 2009; Huizinga et al., 2003).
In Scotland, there has always been a traditional focus on a welfarist approach to youth justice, with origins in the Kilbrandon principles (Burney, 2009; Muncie, 2009). The Children’s Hearing System, introduced in 1971, is the care and justice system for Scotland’s children and young people. At the heart of the system are Children’s Reporters (officials employed by the Scottish Children’s Reporter Administration), who are based in local communities (SCRA, 2015). Children and young people are referred to the Reporter from a number of sources, including police, social work, education and health. The Hearings consist of three lay Panel Members who are all trained volunteers from the child’s local community (SCRA, 2015). The operationalisation of the system places the welfare of the child as paramount in decision-making processes. However, in spite of the continuing use of Children’s Hearings punitive elements crept into the Scottish youth justice system as a result of the Antisocial Behaviour (Scotland) Act 2004 and Children (Scotland) Act 1995, with the introduction of anti-social behaviour orders (ASBOs) and electronic tagging for 12- to 15-year-olds (Burney, 2009). Although the outcomes from the Criminal Justice and Licensing Act (2010) mean that children under 12 years can no longer be prosecuted for an offence, most offenders aged 16–19 in Scotland are dealt with in the adult system (Muncie, 2009).
The negative effects that system contact can have on young people were explored in a Scottish study that used propensity score matching to compare the offending patterns of young people who had different levels of agency contact at age 15: being charged by the police, being referred to the Children’s Reporter without further action or brought to a Children’s Hearing and placed on social work supervision (McAra and McVie, 2007). The results showed that court hearings were associated with higher levels of self-reported serious offending 1 year later compared to less intensive forms of contact with criminal justice agencies. More recently, Petitclerc et al. (2013), using data from the Montreal Longitudinal and Experimental Study, found that the negative effects of juvenile system contact persist into adulthood. In this study, court-processed adolescents had significantly higher odds of being convicted of an adult criminal offence by age 25, and committed more adult offences compared with a matched group of adolescents who were diverted from court. This body of evidence suggests that court exposure is a negative turning point in young people’s lives that can inhibit desistance from offending.
Taking account of this evidence and the high-level principles set out in the Getting it Right for Every Child and Early Years Framework policies in Scotland (Scottish Government, 2008), the Scottish Government introduced in 2012 a new Strategy for Justice in Scotland with a focus on early intervention and prevention. One feature of the strategy has been the introduction of a WSA to preventing and reducing offending by children and young people aged 8–17 years (Scottish Government, 2011, 2013). The ethos of this approach is to identify at the earliest opportunity when young people are in trouble and put multi-agency services in place to ensure their complex needs are met while keeping them away from the criminal justice system wherever possible. WSA provides a staged framework within which these principles can be implemented.
First, a focus on EEI means that police reports for low-level offending are diverted from the Children’s Reporter or Procurator Fiscal (PF) (a public prosecutor in Scotland who presents cases for the prosecution in the Sheriff and Justice of the Peace Courts) to multi-agency service providers who agree on an appropriate response. Second, where cases are referred to the PF, diversionary programmes are offered as an alternative to prosecution that may include a focus on drug and alcohol misuse, conflict resolution and alternatives to offending. And third, for those under 18 years who have missed opportunities for EEI or diversion and who are now in court, support can be offered which includes bail support as an alternative to remand. Results from the interim evaluations of the WSA are positive, showing an increase in the number of young people being diverted from prosecution since these changes were implemented (Scottish Government, 2014).
One Local Authority’s Court Support Service
As part of the WSA, the local authority (located within the West Central Lowlands of Scotland) which became the focus for our research introduced a new court support service for the first time in 2012. The service offers support to 16- to 17-year olds appearing at Sheriff/Justice of the Peace court who are normally resident in the West Central Lowlands areas. It aims to ensure that every young person arrested and held in police custody is offered support prior to, and during, them appearing in court. This is a voluntary service and requires the consent of the young person. The service provides the court with an assessment of the young person’s circumstances, proposed bail support plan, and information regarding a secure placement should that be required.
Police officers notify the court-based social work service that a young person is in custody via the submission of custody lists. This information is then passed to the Whole System Team (WST). The WST then contacts the relevant PF to gather initial information, including the nature of the charge/s, which court the young person is appearing in, whether bail is being opposed and whether the PF has considered diversion from prosecution. The WST worker then meets with the young person as soon as possible to gather key information regarding their current circumstances and care plan if relevant. With the consent of the young person, other relevant agencies are also then contacted for information. If the young person is homeless and is unable to provide a bail address, then the WST worker endeavours to identify a suitable address, by contacting relevant family members in the first instance and then liaising with homeless services. The WST worker then completes a Bail Information Report, including a support plan involving partner agencies.
Where possible, the WST worker attends the court hearing along with the young person, and it may be that the worker will be asked to clarify any points arising from the Bail Information Report. Where bail is granted and additional support/monitoring is required, then an initial planning meeting is held within 72 hours, involving partner agencies where appropriate. The aim of bail support is to provide both a monitoring and support role to the young person. It is used as an early opportunity to engage with the young person and begin to link them with universal services to meet their identified needs. It is also used to develop their understanding of court expectations and to aim to enhance their level of responsibility towards meeting those expectations. The frequency of contact of bail support varies depending on the seriousness of the alleged offence and the level of risk and need that the young person presents. If the young person is remanded to secure accommodation, then the WST immediately notifies the relevant social worker to ensure that all necessary information is passed on to the secure unit. If the young person is remanded to a Young Offenders’ Institution (YOI), then the WST worker ensures that key information is passed on to that institution.
The Evaluation and Its Methods
Between November 2013 and March 2014, we conducted a full evaluation of the local authority’s court support service as outlined above. The study adopted a qualitative approach to data collection (complimented by some basic statistical analysis of outcomes) in order to explore the nature and impact of the service, and with a view to ensuring that our methodological sensibility enabled attitudes and beliefs to be fore-grounded from the perspective of insiders (Carlsson, 2012; Holligan and Deuchar, 2015). We were particularly focused on examining the way in which the service was helping young people to gain a better understanding of court processes, supporting and reassuring them, helping them to comply with bail conditions, and enabling them to become diverted from custodial sentences and increasing their self-confessed commitment to criminal desistance.
The research methods consisted of semi-structured interviews with 26 study participants in total: 15 young people (13 males and 2 females) who had experience of engaging with the service in order to gain a clearer picture of the impact that the service was having on their lives, six stakeholders (three defence agents who represented young people at court, one Reporter, one PF and one manager of the Criminal Justice Social Work Service based within the local Sheriff Court) and five staff delivering the court support service within the local authority. The stakeholder and staff interviews were designed to explore the procedures used within the service, the nature of the partnership work inherent within it and the perceived impact that the service was having. Drawing upon an ethnographic element to our research and through adopting the role of complete observers (Gold, 1958), we also observed a sample of 15 visits by WST workers to custody cells in the Sheriff Court, where they met with young people prior to their court hearings. Some additional, complementary statistics generated by the analytical team within the local authority were also drawn upon to support our final evaluation of outcomes.
The interviews we conducted were mostly with young people other than those we observed during meetings with WST workers in the Sheriff Court, but on two occasions we were able to interview young people who we had earlier observed while in discussion with WST workers in custody cells. While most interviews with young people were conducted with those who were on supervised bail, had completed their bail conditions or whose cases had been dismissed, in three cases we also interviewed young people who were on remand in a Scottish YOI or in secure accommodation. All interviews – that lasted from 20 minutes to 1 hour – were tape-recorded and professionally transcribed. Transcribing of the interviews was followed by a thematic analysis process, where we immersed ourselves in the data and conceptual themes and sub-themes were identified. Thus, our inductive approach to data analysis was in keeping with the interpretative paradigm suited to privileging the voices of research participants (Deuchar, 2013). Permission to take part in the study was sought from young people and professional stakeholders through written consent forms prior to participation.
The following section presents selected findings from the data that relate to the impact the service had on young people’s lives. The names of participants have been anonymised via the use of pseudonyms (young people) and numbering systems (stakeholders and staff) to maintain confidentiality. Key insights are presented under the four sub-themes of custodial and court support, improving sentencing outcomes, personal and social support and facilitating transitions and desistance.
Sub-theme 1: Custodial and court support
‘It made me feel a lot better because I was nervous and scared’
Many of the young people we interviewed talked about the support that the WST offered to them when they first met them while they were being held in custody in police cells. They described the way in which the team helped to reassure them by offering help, and the way in which this helped to put them at ease and stop worrying about their situations: He was dead supportive … he explained everything to me before I got to court. … it made me a feel a lot better because I was nervous and scared. (Catherine, young person) (I first met them) when I was first up at court … they’d tell you what to expect when you go up and what they think the judge might say to you or what might happen. ‘Cause if I didn’t know what was going to happen, if I got called up and got told to go and sit back down and I didn’t know what’s happening they’ll let me know exactly what’s happening just so I’m not worrying about anything or whatever. (Barry, young person)
Indeed, during our direct observations of the support offered to young people while held in custody in the cells, the reassurance that was offered was clearly evident: Danny looks through the glass window from his cell at Laura (WST support worker). ‘How likely is bail?’ he asks her. ‘Quite likely because you’ve got no previous history, but you do need to remember that they take knife crime really seriously. It’s high on the agenda’, she replies honestly. (Researchers’ fieldnotes) Laura (WST support worker) looks back through the window at Scott, and tries to reassure him. ‘I will try and get you bail. It might be the afternoon before you’re seen because Monday is a busy day at court’. (Researchers’ fieldnotes)
Some young people who were first time offenders spoke about the way in which the support team demystified the whole process for them, and our observations in the cells confirmed this: Laura (WST support worker) is clearly concerned about the young 17-year-old girl sitting across from her, behind the glass screen. ‘Are you feeling OK?’ she asks gently. ‘I’m a bit feart [afraid]’, Lynne replies, shrugging her shoulders. ‘Well, when you get taken into the court, you will be led up to the dock by one of the security guys – you will be in handcuffs, and you’ll be asked to confirm your name and date of birth. They won’t ask you any other questions at that point, but you need to speak clearly and politely’. Lynne nods, and appears to understand what lies ahead of her a little better. (Researchers’ fieldnotes)
When the WST explained legal terminology, made them aware of their rights, highlighted the need to seek legal aid and helped them understand the court process, the young people clearly felt much more at ease: Sometimes I don’t understand their (the Sheriff’s) big fancy words … and Laura and the rest of the team had been up at court all their life with young people, so they know what they’re saying. (Barry, young person) He explained to me that I had the right to plead guilty, I had the right to plead not guilty, I had the right to inform a lawyer … ‘cause it was my first time up. (Catherine, young person) It’s harder to go to court yourself because you don’t really know what to expect and stuff like that and what’s going to happen, basically. But if someone from the Whole System Team came then I know for a fact they would be a lot clearer. (Liam, young person) They (WST) just spoke about it step by step. They’d … showed me reports, what a court report was like and who was who in the court room, what I would need to say, what I would need to do stuff like that … it’s knowing you’ve got that other wee extra bit of support. (Joel, young person)
Previous research conducted in England and Wales by Cleghorn et al. (2011) illustrates the way in which young offenders often feel anxious and nervous before and during court appearances, unsupported throughout the process and confused about the proceedings. The insights from our data suggest that the support offered by the WST helped to alleviate this anxiety, and to ensure that the young people learned about the process of court hearings through briefings rather than purely through experience (Cleghorn et al., 2011).
The UN Convention on the Rights of the Child has made it clear that children and young people have the right to be involved in decisions that affect them and be able to have their opinions taken into account in such matters (United Nations (UN) General Assembly, 1989). However, evidence suggests that, although it is the most ratified human rights convention in the world, it is also the most violated (Muncie, 2008). Our data suggest that the support offered by the WST enabled the young people to become more informed about their legal rights, the processes and outcomes and how to represent themselves appropriately. Accordingly, when they did become exposed to court proceedings, the support they were offered would potentially lead to greater capacity and competence to engage in hearings and trials (Grisso, 2003).
Sub-theme 2: Improving sentencing outcomes
‘If the Whole System Team didn’t secure me when they did, I’d be in jail just now’
Many of the young people highlighted the way in which the WST support workers helped them by preparing bail reports. During routine observations in custody cells, we saw direct evidence of the way in which the team explained to the young people that the bail conditions would be contingent on the need to engage with the WST and attend routine appointments: ‘Hi, Stevie, my name is Laura and I work with the council providing court support to 16 and 17-year-olds. I’m going to prepare a bail report, which your lawyer will use to try and get you bail today. But you have to agree to work with our team, if that goes ahead OK?’ Stevie looks back through the glass window towards Laura (WST support worker), and nods in understanding. (Researchers’ fieldnotes) Alison (WST support worker) clearly recognises the need to be honest with Matt, while still providing him with an understanding of the conditions that might be attached to bail, if it is forthcoming. ‘There is a chance you could be remanded … it really depends on the Procurator Fiscal’s decision … but they might suggest doing groupwork sessions with us, covering things to do with your offending behaviour, responsibility, drugs and alcohol’. Matt nods enthusiastically, ‘aye, I just don’t want to be in here, but I don’t have a problem with social work’, he replies. (Researchers’ fieldnotes)
Several of the young people felt that, when their trial date came along, the evidence provided in the bail reports helped to give them a second chance and avoid being sent to prison: They said to the judge that if he gives me another chance they’ll engage with me and they will try their hardest to keep me out of trouble. (Barry, young person) They write me reports … and try and make it look good for me when I go up to court. (Davie, young person) They used to always come to the court and do a good report … it’s better for someone to stand up and say that they’re going to the appointments and that so it gives you a good chance of getting bail. (Jason, young person)
Stakeholders confirmed that the service had indeed helped young people stay out of prison. They reported that Sheriffs seemed to be reassured by the team’s presence in court and the fact there was support for the young people. Many respondents said that Sheriffs were more likely to grant bail than to remand young people as the WST provided them with comprehensive bail reports that described in detail the support that would be put in place to help young people comply with bail and reduce their offending behaviour.
Defence agents, in particular, were keen to stress that the work done by the WST ensured that young people had a fair hearing and that the judge had sufficient information to make the right decision for the young person: What it does is it gives a lot more information to the solicitor representing the person. And what I like about it is that if the boy’s getting remanded, he’s getting remanded having had a fair hearing because he’s getting remanded, the Sheriff having heard all the relevant facts. It’s for the Sheriff to determine whether or not he should be remanded. Without the Whole System Team, I fear we may not have had the full picture. (Defence Agent 1) Ultimately the Sheriff only imposes a custodial service or remands a young person in custody if there’s no other option. So the other options have to be explored. So we are able to explore these other options in more detail because of the information which we are given. Not from the young person themselves because quite often they don’t give you information and they’re quite reticent about that. They don’t relate a lot of information to you. So a lot of this information comes from the support workers. (Defence Agent 2)
Furthermore, stakeholders unanimously agreed that the attendance rate of young people under 18 years in court had improved significantly following the establishment of the court support service contributing to better sentencing outcomes. The defence agents felt this failure to appear was a very serious issue that would not be viewed favourably by the judge and might ultimately lead to the young person getting a custodial sentence: If they miss court then that further entrenches them as a court user and can often lead to them receiving a custodial sentence because the court can’t rely on them attending of their own volition. So whilst it might seem a minor matter assisting young people to get to court, I personally think it’s quite an important matter. And it helps to stop situations from deteriorating. (Defence Agent 1)
The WST explained that they addressed this issue either by calling or texting the young person the day before their scheduled court appearance to remind them. Where the person was at particular risk of failing to appear, WST staff would pick them up from their registered address and take them to court.
In three young men’s cases, the team had helped them to stay out of prison and enabled them to complete their sentences in alternative ways: Prison was a strong possibility … After I’d went into secure accommodation, John and the WST done a lot of work to try and bring a lot of stuff back to the Children’s Panel. They then spoke to the Scottish Government and said that if worst came to worst and I did receive a custodial sentence that I would do it in secure accommodation where I was staying already. So they done a lot … if the Whole System Team didn’t secure me when they did, I’d be in jail just now. (Joel, young person) I was going to get about six months in prison. John argued about the case … he put a good report in for me and I got 250 hours’ community service and three years supervision. So it’s a result! (Kenny, young person)
In some cases, those who had been sent to a YOI on remand felt that the support from the WST enabled them to be released more quickly prior to their trial: I’ve been remanded … John (WST support worker) put an appeal in with my lawyer and they got me out or I would still be on remand now … so instead of a day it would have been about two and a half month I would have done until I was up at court … I was only in three days and I got out ‘cause of John. (Davie, young person)
Corr (2014) highlights the continuing ‘resignation’ (p. 265) of some young people to offend given ‘constrained opportunities as a result of criminal justice contact’. This continued contact further reinforces the negative impact of ‘labelling processes’ which prevent young people from moving towards desistance (Corr, 2014). The Strategy for Justice in Scotland (Scottish Government, 2012) emphasises the need to divert young people from statutory measures, prosecution and custody through opening up opportunities for ‘robust community measures’ (p. 48). The work of the WST was enabling this, and ultimately provided a means of reducing the stigmatism that often accompanies prolonged contact with the criminal justice system (Goldson, 2010). Bail reports which made links with services that could help young people deal with underlying issues led to fewer remands. In turn, this enabled a greater focus on social justice and on reducing young people’s proclivity towards further offending. The mentoring and personal support that WST workers offered to young people ensured that scheduled court appearances were upheld and – in some cases – led to reduced sentencing, thus enabling the upholding of the young people’s sense of dignity and worth as outlined in Article 40 of the UN Convention on the Rights of the Child (Kilkelly, 2008).
Sub-theme 3: Personal and social support
‘They’ve helped me out lots of times that I’ve been in crisis and everything’
All of the young people talked highly about the type of personal support they had received from WST support workers. Several talked about the way in which the team introduced them to wider agencies that gave them support with the issues that stimulated their offending behaviour. For instance, some young people talked about getting help with careers advice or literacy skills, while others felt that they benefited from being referred to agencies that enabled them to participate in adrenalin-based sports as an alternative to seeking the type of thrills they gained from offending: (In Catch) I was doing mai tai boxing and going to the gym and badminton and stuff like that. (Claire, young person)
Some young people also talked about being referred to agencies that helped them to participate in wider recreational pastimes and to break down barriers with rival gang members: They (WST) used to always come to court and do a good report – that’s how I started Moving On … they take you rock climbing so they do things for you. And then they take other people, like gangs, people from each gang and each scheme. (Ross, young person)
Still others talked about being referred to alcohol and drug rehabilitation services, which helped them to deal with underlying issues of dependency and the offending behaviour that ran alongside this: I’ve been referred to (local authority) Drug Service … I think it was basically going there helps you from hanging about the streets with the wrong crowds, and getting influenced by the wrong people. (Barry, young person) I’ve worked with (local authority) Drug Service … I’d went in there, I’d done detox, become clean, done a lot of work on … non-offending, so I really got myself back to the way I was before I started offending and started drug taking … I was just back to myself. (Joel, young person)
For many of the other young people, it was the personal support that workers in the WST gave them during regular appointments that helped them the most. Several felt that this type of support was more valuable than the services they received from wider agencies. The young people described the personal guidance the workers gave them in relation to drugs issues, the way they helped them find suitable accommodation and the moral support and friendship they offered through spending time with them while they were on bail conditions: Richard (WST support worker) told me if I took blues then he’d lock me out. He says it’s the worst drug ever … ‘cause it just makes you no’ know what you’re doin’. (Scott, young person) They’ve helped me out lots of times that I’ve been in crisis and everything … just really a lot of support in finding me suitable housing. (Joel, young person) I’ll (contact) Alison or John (WST support workers) and they’ll come and get me, spend time with me, try and cheer me up … go and have a chat or go for something to eat, stuff like that … I like spending time with them. (Davie, young person)
Those young people who were currently on remand in a YOI when we met them also talked about the personal support they had received from the team while they were in the community and that they were still receiving while in prison. For instance, one young man described an incident when his support worker actively sought him out when he was at house parties in order to try and stop him from taking valium: When I take blues I’m hard to find … I just don’t care, I just dose aboot. Go from hoose, to hoose, to hoose, to hoose, to hoose, to hoose and … Richard (WST support worker) turned up at Stacey’s hoose and he was waitin’ outside. I dunno how he knew I was in there but I jumped out the back, ran away in to another hoose and he knew I was in that hoose n’all … I couldnae get away from Richard … ‘cause he knows every place I go now. (Scott, young person)
This young man also talked about the way in which his support worker used to bring him breakfast regularly while he was staying in a homeless shelter, and that he still got regular visits from the team while in prison. Another respondent summed up the views of many of the youngsters when he described the way in which he felt that he could rely on the case workers for unconditional forms of support: Just anything that’s on my mind I tell them … and they do whatever they can to help me. (Davie, young person)
In Scotland, the Strategy for Justice in Scotland emphasises the need to support young people on a multi-agency, multi-discipline basis to avoid custodial sentences wherever possible (Scottish Government, 2012). The WST sought to alleviate disadvantage by guiding young people towards wider agencies that focused on education, training, recreational activities and forums that provided holistic forms of social care, work-related skills development and the building of social capital (Deuchar, 2013). But, more than anything, it was the personal engagements with the WST workers themselves that provided them with a safe space where they were able to develop comforting, trusting and non-judgemental relationships and that opened up new possibilities in their minds for coping with life. Even where young people did become remanded in prison or continued to engage in risky or harmful behaviour, the WST provided them with unconditional pastoral support that enabled them to manage both the social strains that led them into offending to begin with and the ‘painful’ experiences they sometimes encountered in prison and/or during their wider engagement with the criminal justice system (Sundt and Cullen, 2002).
Sub-theme 4: Facilitating transitions and desistance
‘It’s made me think I really need to watch what I’m doin’, stay out of trouble’
As a result of the intensive levels of support that the WST gave to the young people in court and subsequently during their periods on bail, many of the young people described the way in which they were able to find positive destinations and/or become more committed towards desisting from crime.For example, one young man described the way in which his support worker had helped him get onto a college course in sports coaching, and was always there to motivate him to go: Well, every time I had to … go to college and I cannae get up in the mornin’. I used to give Richard (WST support worker) my spare keys and he would come in, wake me up … Then he was like that ‘the only way I’ll come up wi’ breakfast is if I take you to college’, I was like that ‘aye, sound, nae bother man, take me there’. (Scott, young person)
Other young people talked about the support that they were given to locate suitable housing: I was in a homeless unit … for over a year. And I finally got my own place, and that was with the help of them in here … I’m in a rented house. (Barry, young person)
Some youngsters also gained work experience that in some cases led on to wider opportunities: The WST offered me help on putting me on placements and stuff like that. (Joel, young person) They put me in to a thing called The Recruit. And basically you go to different employers and you work for them for a day. And then employers choose who they would like to employ. I got a job at the (local) hotel. (Barry, young person)
Many of the young people felt that the support they had been offered by the team had taken them to a place where they now felt less inclined to offend. They felt that they had wider ambitions for the future, were happier and calmer because of the courses or jobs they were doing and that this was helping to address some of the underlying issues that were at the heart of their previous offending behaviour: Most of the time I spend in the house watching TV or job searching or in my family’s house … so it’s just keepin’ myself out of the way nowadays … that’s been a good two, three month since I punched anything … whenever I’m angry I just throw the mattress up against the wall and batter the mattress! (Liam, young person) I found a job that I actually enjoy. I didn’t really enjoy any of my other jobs and I got this job and I really enjoy it. So I think it’s the fact that I enjoy going to work, and ‘cause you get to meet with all the customers and talk to the customers and stuff. (Barry, young person) I’m in college now, doing a construction course … it’s made me think I really need to watch what I’m doin’, stay out of trouble. (Alan, young person)
For some young people, working with the WST had also enabled them to re-consider their behaviour in relation to alcohol and drug intake, and in turn their views on future offending patterns. But others also admitted that they were unable to guarantee that they could stay away from crime in the future: I feel a lot better than I was, but obviously I can’t stop (offending) overnight. (Davie, young person) I’m one of those boys that if I get something into my head I’m going to do it. So, if I say to myself basically, I’m going to do something, I’m going to do it no matter who it is that tries to tell me or stop me from doing it. But (the WST) do help now – it’s good. (Kenny, young person)
However, one young man represented the views of many of the young people when he indicated that the WST would always only be a telephone call away if the temptation to drift back into offending became too strong: If there was ever any temptations then I know that I’ve got John or my other worker just on the phone, a phone call away – and they’ve always said just to phone them if there is any trouble or I need to talk or anything. (Joel, young person)
Laub and Sampson (2003) argue that offenders move away from crime due to individual choices and situational contexts, but that ‘structural influences linked to important institutions’ (p. 145) help to sustain desistance. Some have also argued that desistance is best understood within the context of human relationships, and that social bonds can generate social capital which leads to increased participation and inclusion in wider society (Barry, 2006; Huebner et al., 2007; McNeill, 2009; McNeill and Maruna, 2008). The processes of desistance thus operate simultaneously at different levels and across different contextual environments (Laub and Sampson, 2003).
Our data illustrate the way in which the young people we worked with were developing a greater commitment to desistance as a result of the supportive relationships offered to them by WST workers, the structure and routine that came as a result of engaging with the team and getting into education, training and employment. Taken together, this led to the accumulation of social capital, and greater participation and inclusion in wider society (Barry, 2006). However, some of the young people’s comments reflected Carlsson’s (2012) observations about the ‘zigzag path’ (p. 4) of offending; they recognised the personal and social temptations and barriers that could threaten sustained attempts to desist, while also acknowledging the continuing opportunities for personal support from WST workers which could minimise these barriers.
Concluding Discussion
This article has provided an overview and evaluation of the court support service for young people under 18 years provided by one local authority in the west of Scotland, set within the wider context of the WSA to reducing and preventing youth offending. Our findings indicate that attending court can be a daunting experience for young people and can lead to sentencing decisions that can further entrench young people in the justice system. Therefore, giving young people support during this stage is crucial for ensuring the criminal justice system does not inadvertently damage their prospects for desistance. Our insights suggest that this support should entail providing clear information to young people about the court procedure, possible outcomes and legal rights, supporting young people to attend court and preventing custodial sentences and remand by offering alternative credible options such as supervised bail.
Similar to other studies (Cleghorn et al., 2011; Hazel et al., 2002), we found that young people feel anxious and nervous prior to, and while attending court and they require support to adequately understand court proceedings. The lawyers we interviewed indicated that they did not have time to adequately explain the complexities of the court process to their clients which further compounded young people’s stress about the experience. The court support service we examined, therefore, filled an important gap in terms of explaining to the young people what was happening in court, what was expected of them and what the possible punishments were. As a result of this support, young people felt more reassured, supported and aware of their rights as young citizens (Deuchar, 2010).
Most importantly, our qualitative data suggested that the court support service had helped young people to avoid being remanded into custody or receiving a custodial sentence consistent with the ethos of the WSA (Scottish Government, 2011, 2013). The service achieved this by supporting young people to attend court, for example, by sending text reminders, and providing judges with comprehensive bail reports that clearly described the support that would be put in place to help young people comply with bail and reduce their offending behaviour. Furthermore, the service supported the young people during their bail periods by arranging regular support meetings, offering personal mentoring and guidance and referring them to wider agencies to provide them with help in the form of drug rehabilitation, anger management and counselling services. Participants felt that without this support young people were more likely to fail to appear in court and/or breach their bail conditions, both of which would be looked on unfavourably by the judge.
These positive outcomes were attributed by the study participants to a large extent to the personal relationship that the young people were able to form with the service providers. The young people clearly felt respected and valued by the support workers who were often seen as surrogate carers. The level of support they offered was available 7 days a week and at times went above and beyond the call of duty. It was this unconditional, trusting relationship that enabled even the hardest to reach (including those who were remanded in YOIs) to reflect upon their offending behaviour, and begin to make alternative choices. Several were able to access suitable accommodation, work placements and jobs. For some, this resulted in a greater commitment to criminal desistance. The idea that the relationship between an offender and their ‘helper’ plays an important role in the success of an intervention is supported by previous research (Barry, 2013; Rex, 1999).
To complement the insights gleaned from the qualitative data that we collected about the service, some basic statistical data pertinent to the 2013–2014 timeframe was gathered from the local authority following the completion of our research (summarised in Table 1). This allowed us to conclude our evaluation with a fine-grain gender-specific analysis of the outcomes from the service over a 12-month period. The figures suggest that, of the total number of young people under 18 years appearing in the Sheriff Court, just under 90 per cent of males and just over three quarters of females were offered the court support service. Of those, just over 40 per cent of males and 60 per cent of females went on to accept a referral to follow-on universal services. Among those who accepted a follow-on service, 15 per cent of males and one sixth of females became remanded, while 30 per cent of males and half of the female group became diverted from prosecution when in custody. Finally, data recorded by the local authority 1 year after our study suggested that three quarters of all males and one-third of all females who accepted a follow-on service had gone on to reoffend.
Basic statistical outcomes from court support service: 2013–2014.
These figures suggested to us that the positive outcomes identified through our qualitative data seemed to be benefitting young males and females fairly equally in terms of the frequency of remands that emerged following referral to the court support service and follow-on services. However, of those held in custody a slightly greater proportion of females than males subsequently became diverted from prosecution. Anecdotal evidence from the WST suggested that the latter outcomes could be emerging as a result of the differing nature of the crimes committed by the young people involved, with more males facing charges of assault, knife possession and domestic violence and more females involved in breach of the peace – with a greater likelihood of prosecution occurring in response to the former crimes, and diversion more often being granted in response to the latter. However, it was beyond the scope of the current research to be able to gather empirical evidence to support or negate this conjecture.
In terms of long-term outcomes, it appeared that – in spite of the evidence that suggested the court support service enabled young people to feel more reassured, aware of their legal rights, personally supported and less likely to receive custodial sentences, a sizeable number of young people still went on to reoffend. Particularly startling is the figure that suggests that three quarters of under 18 males who were referred onto follow-on services had reoffended within 12 months of the conclusion of our research. However, this local statistic reflects national insights that have emerged in recent years that suggest that although there have been significant reductions in reoffending rates in Scotland within the last decade, young men under 21 years are still the most likely to reoffend (Audit Scotland, 2012).
A limitation of our study is the absence of a control group consisting of young people who were either not offered the service or were approached by the service but did not engage. Therefore, it is difficult to attribute the positive outcomes recorded via interviews and observations to the court support service alone. However, despite this limitation, this study suggests that with the right level of support some of the negative effects of court exposure on young people can be reduced, albeit that some (particularly young men) may still go on to reoffend. Future research should be conducted to establish more conclusively the benefits of supporting young people through court proceedings, including a longer, follow-up study of their experiences and sentencing and reoffending outcomes.
Footnotes
Funding
The author(s) received no financial support for the research, authorship and/or publication of this article.