Critical Analyse of the Exceptions in Resorting to Restorative Justice When Children Come into Conflict with the Law

Abstract

As the child justice system continues to evolve and the development of Children’s rights, there is a growing recognition of the need to address child offenders differently from adult offenders. Restorative justice has emerged as a promising approach to address the unique needs and circumstances of juvenile offenders, aiming to rehabilitate rather than solely punish. However, this research delves into the limitations and exceptions that may hinder the application of restorative justice in cases involving child offenders. The primary objective is to analyse the factors that influence the decision to deviate from restorative justice principles in children cases, which includes the severity of the offense; the age, maturity and attitude for guilty of the child; the times of committing offences of the child; the victim's perspective, and legal frameworks. By exploring these exceptions, the study aims to provide insights into the challenges and complexities that arise when applying restorative justice in child justice systems. Furthermore, the research employs a qualitative approach, involving a thorough review of legal provisions, case studies, and relevant literature to critically analyse the nuances of exceptions in restorative justice for children in conflict with the law. The findings contribute to the ongoing discourse surrounding the appropriate and effective use of restorative justice in juvenile cases, shedding light on when and why exceptions may be necessary. Ultimately, this paper serves as a valuable resource for policymakers, law enforcement officers, and researchers in the field of juvenile justice, offering a deeper understanding of the complexities inherent in implementing restorative justice in the child justice system.