Purpose
Recent years have seen significant policy and practice interest in how to best respond to the impact of childhood maltreatment and adversity on young people’s contact with youth justice systems. In Australia, this has resulted in increasing pressure to implement trauma-informed practice, although this is a term that has different meanings for different stakeholders, and little is known about the perspectives of justice-involved young people. This paper aims to review what is currently known about co-production in youth justice and discuss ways in which young people can be meaningfully involved in the development of trauma-informed practice frameworks.
Design/methodology/approach
A narrative approach is used to present a contextual overview of youth justice in Australia, introduce key concepts underpinning trauma-informed practice and consider the barriers and facilitators of co-production and participatory approaches to the development and implementation of trauma-informed practice.
Findings
Youth justice in Australia is widely viewed as in urgent need of reform, with broad interest in developing more trauma-informed practice in these systems. Co-production and participatory approaches are fundamental to the reform process and can help to ensure that the views and aspirations of the children for whom these systems are responsible are embedded in efforts to implement trauma-informed practice.
Research limitations/implications
This paper presents an argument for implementing trauma-informed practice in Australian youth justice that is based on consultation and collaboration with young people. It does not present evidence about the potential effectiveness of such an approach.
Practical implications
This paper has direct implications for youth justice practice, in terms of both service philosophy, design and delivery.
Social implications
The work discussed in this paper offers possibilities for new and different ways of responding to youth crime and maintaining community safety.
Originality/value
Whilst the need to re-imagine youth justice is widely recognised, there are few resources available to support efforts to co-produce trauma-informed practice. This paper synthesises what is known about these approaches and offers some suggestions and possible ways forward.
This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma when sentencing Aboriginal defendants. Trauma-informed sentencing requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to avoid re-traumatisation. By analysing sentencing remarks of 42 defendants identified as Aboriginal, the presence of trauma-informed practice was explored, in terms of judicial decision-making, the sentencing process and the sanction imposed. While not holistic summaries of judges' reasoning, sentencing remarks are intended to enable the parties and the community to understand sentencing logic.Analysis indicated that judges realised trauma was present in the lives of many Aboriginal defendants but did not always overtly recognise a link between trauma and criminal behaviour and were unlikely to refer to a defendant's trauma history or use trauma-informed principles of practice in their sentencing response.
Recently the concepts of ‘compassionate courts’, ‘humane justice’, ‘kindness in court’, and trauma-informed practice have emerged in legal theory and practice in the US, England, Scotland and Australia. This article uses a trauma-informed practice framework to examine how South Australian superior court judges acknowledge defendant trauma in sentencing. Trauma-informed sentencing practice requires that judges realise the presence of trauma, recognise its relevance, respond in a way that is informed by trauma and act to resist re-traumatisation. By using this ‘4Rs’ framework to analyse sentencing remarks of 448 defendants published in 2019, the presence of trauma-informed practice was explored. Analysis indicated that judges realised trauma was present in the lives of many defendants, particularly women and Aboriginal peoples, but did not always overtly recognise a link between trauma and criminal behaviour and were unlikely to refer to a defendant’s trauma history or use trauma-informed principles of practice in their sentencing response. Research findings were presented to judicial officers at a Judicial Development Day in 2021. The article reflects on those discussions as well as the primary research, when making recommendations for future sentencing practice primary for the judiciary, but also for legislators and legal practitioners.
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