The Irish youth justice system is currently undergoing substantial reform. When complete, the system will divert most fi rst-time young offenders away from the courts via the Garda (police) Diversion Programme. Those who go to court may be offered the opportunity of a family conference directed by either the Health Service Executive or the Probation Service as an alternative to conviction, or if convicted, may receive one of a wide range of community sanctions designed to present an alternative to detention. However, reform of the Children Court, which is at the heart of the Irish system, is not part of this process despite diffi culties with its operation and questions about the extent to which it meets international children's rights standards. This article highlights the problems faced by the Court and explains why, in addition to the reforms above, it is vital that the Court be overhauled both to address its effectiveness as the central agency in the youth justice system, but also to ensure that the rights of the young people before it are fully vindicated.

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The Children Act 2001 is the statutory framework for youth justice in Ireland. Fully in force since 2007, aspects of the Act appear to be unimplemented while in other areas practice has diverged from the Act’s provisions. Three areas are used to show where youth justice practice has diverged from the legislation: the operation of the Children Court; the use of community sanctions and the use of family conferences and restorative justice. This article studies the disconnect between the law and practice in these three areas, offers some explanation as to why it has occurred and proposes some solutions for how it might be addressed.