Youth Detention and Youth Justice Models in Europe: A Comparative Overview

This report provides a comparative overview of youth detention and youth justice models in six European countries: Spain, Portugal, Greece, Sweden, Denmark, and Germany. It examines the effectiveness of these systems, including recidivism rates and best practices, while also analysing challenges, limitations, and cost-effectiveness. This analysis also considers other relevant European models and the challenges of comparing youth justice systems across different countries.

Spain

Overview

Spain's youth justice system has undergone significant changes since its inception in the early 20th century¹. Initially, the system employed a tutelary approach, focusing on the protection and guidance of young offenders. However, with the passage of Organic Law 5/2000, the system shifted towards a more repressive model¹. This law established the age of criminal responsibility at 14, with those under this age falling under the jurisdiction of social services².

Youth detention centers in Spain are primarily managed by the public sector or non-profit organizations, such as the Diagrama Foundation³. These organizations play a crucial role in providing care and rehabilitation services to young offenders. While regional administrations have autonomy in placing children within the justice system, they typically prioritize keeping them within their own region to maintain family ties and facilitate community integration³.

Effectiveness

Reoffending rates among young people in Spain vary from 5% to 34%, depending on factors such as the nature of the offense, individual risk factors, and the effectiveness of interventions⁵. Studies suggest a slightly higher prevalence of property crimes compared to crimes against persons⁵. Notably, a 2019 study found a recidivism rate of 13.6% over six years for youth released from Diagrama centers in the Murcia region, significantly lower than typical rates⁶.

Best Practices

Spain's youth justice system emphasizes re-education and rehabilitation as its primary goals³. Detention centers prioritize education, with young people receiving an average of 30 hours of formal education per week, in addition to social education and opportunities to participate in extracurricular activities³.

The Diagrama Foundation offers a noteworthy model, operating centers that focus on education, positive relationships, and individualized support⁶. This approach has been shown to contribute to lower recidivism rates and a reduced need for restraint or force⁶. Notably, judges, lawyers, and prosecutors in Spain actively monitor the progress of young people in detention, which may contribute to increased accountability and improved rehabilitation outcomes⁷.

Challenges and Limitations

Despite its focus on rehabilitation, Spain's youth justice system faces several challenges. These include ensuring the consistent application of laws across different regions, improving victim protection services, and adapting to evolving crime trends, particularly in the realm of cybercrime⁸. There are also concerns about rising youth crime rates, including sexual aggression, inter-family violence, and technology-driven bullying⁹.

Limitations of the system include a lack of procedural guarantees in the early tutelary system and potential variability in resources and training across regions¹. The National Preventive Mechanism has also identified areas for improvement in youth detention centers, such as staff training in child restraint techniques and the provision of child-friendly spaces¹⁰.

Cost-Effectiveness

While specific data on cost-effectiveness is limited, the reliance on public sector and non-profit providers in youth detention aims to maximize the impact of allocated funds for care and rehabilitation³.

Portugal

Overview

Portugal's youth justice system has undergone a transformation from a punitive approach to a welfare-oriented model that prioritizes rehabilitation and the protection of children's rights¹¹. This shift reflects a growing recognition of the developmental needs of young people and the importance of providing support and opportunities for reintegration.

Historically, Portugal's youth justice system followed a paternalist-repressive approach, with limited practical application of educational measures¹¹. However, with increased awareness of child rights and the ratification of the Convention on the Rights of the Child in 1990, the system transitioned towards a welfare model¹¹.

The minimum age of criminal responsibility in Portugal is 16, with a special criminal regime in place for young people aged 16 to 21¹³. The Educational Guardianship Law (LTE) serves as a guide for interventions with young offenders, emphasizing education and social reintegration¹⁴.

Effectiveness

Portugal's youth justice system generally aligns with age-appropriate justice principles, including mandatory individual assessments for young offenders¹³. However, it is important to note that the availability of resources for conducting these assessments may pose a challenge, potentially impacting their quality or causing delays¹³.

One of the key challenges facing the Portuguese system is the presence of children in adult prisons due to the lower age of criminal responsibility compared to other European countries¹³. This raises concerns about the potential negative impact of such placements on young people's development and well-being.

Best Practices

Portugal's youth justice system prioritizes the reintegration and rehabilitation of children, with deprivation of liberty used only as a last resort¹⁵. The system employs different procedures for different age groups, ensuring that interventions are tailored to the specific needs and developmental stages of young people¹⁵.

Police guidelines in Portugal provide best practices for interviewing children, emphasizing the importance of protecting their rights and well-being¹⁵. These guidelines highlight the need for age-appropriate communication, avoiding unnecessary stress and prioritizing the child's best interests.

Challenges and Limitations

Challenges facing Portugal's youth justice system include a lack of specialized training for professionals involved in youth justice and potential delays in individual assessments due to limited resources¹⁵. There are also concerns about the effective implementation of educational measures and ensuring that interventions adequately address the social realities of young offenders¹¹.

Limitations of the system include the presence of children in adult prisons and a lack of clarity regarding the application of corrective measures for 16 to 18-year-olds¹³.

Cost-Effectiveness

While specific data on cost-effectiveness is limited, the emphasis on alternatives to imprisonment and community-based interventions suggests a focus on cost-effective solutions¹⁶.

Greece

Overview

Greece's youth justice system operates under the Penal Code, with a minimum age of criminal responsibility of 12¹⁷. The system is grounded in legal and sociological principles, with a focus on providing assistance, re-education, and therapy for young offenders¹⁸. International standards and restorative justice principles have influenced the development of the Greek system, promoting a more holistic and rehabilitative approach¹⁸.

Juveniles in Greece are typically detained in special facilities separate from adult prisons¹⁹. This separation aims to protect young people from the negative influences of adult prison environments and provide them with age-appropriate care and support.

The Greek system emphasizes the use of reformatory and therapeutic measures, with detention in special juvenile prisons reserved for minors over 15 in exceptional cases²⁰. This reflects a preference for community-based interventions and a focus on addressing the underlying causes of offending behavior.

Effectiveness

The Greek youth justice system faces challenges related to the complexity of legal instruments, frequent legal changes, and a lack of specialized services and institutions for children in contact with the law²¹. There are concerns about high recidivism rates and limited data on the effectiveness of interventions²².

Best Practices

Greece promotes the use of restorative justice measures, such as victim-offender mediation, as an alternative to traditional criminal justice processes¹⁷. However, the use of victim-offender mediation in practice is limited due to various factors, including a lack of resources and challenges in coordinating with victims and their families²².

The system prioritizes community-based sanctions over custodial measures, aiming to keep young people connected to their communities and support their reintegration¹⁷. It also seeks to address the underlying causes of offending behavior through individualized interventions and support services²⁰.

Challenges and Limitations

Challenges facing the Greek youth justice system include a lack of juvenile probation officers, excessive use of pre-trial detention, and inadequate conditions in juvenile detention centers²³. There are concerns about the effectiveness of the justice system in protecting unaccompanied minors and addressing the root causes of gender-based violence²⁴.

Limitations of the system include a lack of specialized services for preventing juvenile delinquency and victimization and potential inconsistencies in the application of laws and procedures²¹. The Greek penal code characterizes felonies committed by juveniles as misdemeanors, which may facilitate their social reintegration but also raises concerns about the adequacy of punishment for serious offenses¹⁷.

Cost-Effectiveness

While specific data is limited, there are concerns about the cost-effectiveness of the Greek youth justice system due to a lack of resources, inadequate facilities, and limited access to specialized services²³.

Sweden

Overview

Sweden's youth justice system is deeply rooted in principles of child welfare and rehabilitation²⁵. The legal framework emphasizes the rights of the child and prioritizes a holistic approach that considers the young person's social situation and needs²⁶.

There is no criminal responsibility for individuals under the age of 15 in Sweden²⁵. Social authorities play a crucial role in handling youth under 15 who commit offenses, providing support and interventions such as care orders and family support²⁷. For young offenders aged 15 and above, social services continue to be involved in providing assessments and recommendations to the court²⁸.

While young offenders are tried in the same courts as adults, the system provides special consideration for their age and maturity²⁹. This includes a focus on diversion from prosecution, the use of alternative sanctions, and a strong emphasis on rehabilitation and reintegration.

Effectiveness

Sweden has a relatively low youth incarceration rate and prioritizes non-custodial measures²⁸. However, there are concerns about the effectiveness of treatment programs and the lack of transparency in decision-making processes²⁸. Additionally, despite the emphasis on non-custodial measures, there are concerns about the increasing involvement of young people in serious crime, particularly those linked to criminal networks³⁰.

Best Practices

Sweden's youth justice system prioritizes diversion from prosecution and the use of alternative sanctions, such as youth contracts and youth service²⁵. Youth contracts are agreements between the young offender and social services that outline specific conditions and interventions, such as therapy, substance abuse treatment, or community service, as alternatives to detention. Youth service involves carrying out unpaid work for a specified number of hours under the supervision of social services.

The system emphasizes a holistic approach to youth justice, considering the young person's overall social situation and needs, rather than focusing solely on the offense committed²⁸. This approach aims to address the underlying factors that contribute to offending behavior and provide support for the young person's development and reintegration.

Challenges and Limitations

Challenges facing Sweden's youth justice system include rising youth crime rates, particularly those linked to criminal networks, and the recruitment of young people into gangs³⁰. There are concerns about the detrimental effects of confinement on young people's development and well-being³¹.

Limitations of the system include a lack of specialized juvenile courts and potential inconsistencies in the application of laws and procedures across regions²⁹.

Cost-Effectiveness

While specific data is limited, the emphasis on non-custodial measures and community-based interventions suggests a focus on cost-effective solutions³².

Denmark

Overview

Denmark's approach to youth justice differs from many other European countries in that it does not have a separate juvenile justice system³³. Young offenders are generally dealt with in the same courts as adults, but with special consideration for their age and circumstances³³.

The age of criminal responsibility in Denmark is 15³⁵. Offenders under this age are handled by social welfare authorities, who provide support and interventions based on the young person's needs³⁶.

Several government ministries play a role in developing and implementing youth justice policies in Denmark, reflecting a multi-agency approach to addressing youth crime³⁷. This includes the Ministry of Culture, the Ministry of Social Affairs, Housing and Senior Citizens, the Ministry of Children and Education, and the Ministry of Justice.

Effectiveness

Youth crime rates in Denmark have been stable or declining, and the system prioritizes rehabilitation over punishment³³. However, there are concerns about the effectiveness of recent reforms and the potential negative impact of labeling young people as criminals³⁸.

Best Practices

Denmark's youth justice system emphasizes diversion from prosecution and the use of alternative sanctions, such as fines, suspended sentences, and youth contracts³⁴. Youth contracts are agreements between the young offender, their parents, social services, and the police that outline specific conditions and interventions as an alternative to prosecution.

The system promotes a quick and coordinated response to youth crime through Youth Crime Boards (YCBs) and a Youth Probation Service (YPS)³⁹. YCBs are composed of a judge, a police representative, and a child welfare representative, and they assess the need for social interventions to prevent future criminal behavior. The YPS provides supervision and support to young people who have been through the YCB process.

Challenges and Limitations

Challenges facing Denmark's youth justice system include ensuring the protection of child rights within the system and addressing the needs of minors with psychiatric diagnoses³⁸. There are concerns about the potential negative impact of the new youth crime prevention law on the authority of child welfare services³⁹.

Limitations of the system include a lack of specialized juvenile courts and potential inconsistencies in the application of laws and procedures across regions³⁴.

Cost-Effectiveness

Denmark's system demonstrates cost-effectiveness through its emphasis on non-custodial measures and community-based interventions⁴⁰.

Germany

Overview

Germany's youth justice system operates under the Juvenile Justice Act (JJA), with a minimum age of criminal responsibility of 14⁴¹. The system is characterized by a dual approach that combines elements of welfare and justice models⁴¹. This means that young offenders are seen as both needing support and being accountable for their actions.

The JJA emphasizes education and rehabilitation, with a focus on diverting young offenders from further involvement in the justice system⁴². This is achieved through a range of measures, including warnings, community service, and educational programs.

Youth Welfare Offices (YWO) play a significant role in the German youth justice system, providing support and interventions for troubled youth who may be at risk of offending⁴³. YWOs have the authority to implement both residential and non-residential measures, such as counseling, educational guidance, and placement in foster care or residential homes.

Effectiveness

Germany has a low youth incarceration rate and prioritizes community sanctions and restorative justice measures⁴². The system has been successful in reducing recidivism rates and promoting the social reintegration of young offenders⁴⁴. Research in Germany indicates that young offenders who are incarcerated have higher rates of recidivism than those given alternative sanctions⁴⁵.

Best Practices

Germany's youth justice system provides specialized juvenile courts and prosecutors, with a focus on individualized interventions and due process guarantees⁴⁶. Juvenile judges and prosecutors receive specialized training to ensure they understand the developmental needs of young people and can make informed decisions about their cases.

The system emphasizes a holistic approach, considering the offender's background, development, and social environment when making decisions about interventions and sanctions⁴⁶. This approach aims to address the underlying factors that contribute to offending behavior and provide support for the young person's rehabilitation and reintegration.

Challenges and Limitations

Challenges facing Germany's youth justice system include addressing rising crime rates among children and young people and ensuring the effective implementation of diversionary measures⁴⁷. There are concerns about the potential negative impact of punitive approaches on young offenders' rehabilitation⁴⁴.

Limitations of the system include potential disparities in sentencing practices across regions and a lack of clarity regarding the definition of "education" within the JJA⁴².

Cost-Effectiveness

Germany's system demonstrates cost-effectiveness through its emphasis on diversion, community sanctions, and restorative justice measures, which reduce the need for costly incarceration⁴⁴.

Other Relevant European Models

In addition to the six countries examined in detail, several other European models offer valuable insights into youth justice practices:

Multifunctional Treatment in Residential and Community Settings (MultifunC)

This Scandinavian program, used in Denmark, Sweden, and Norway, provides comprehensive support to high-risk youth offenders⁴⁹. It combines residential care with family work and community support, aiming to address the multifaceted needs of young people and facilitate their reintegration.

Secure Children's Homes (England and Wales)

England and Wales have a network of Secure Children's Homes that provide a safe and supportive environment for vulnerable children, including those detained on welfare grounds⁴⁹. These facilities are smaller and more home-like than traditional youth detention centers, with a focus on individualized care and therapeutic interventions.

Youth Justice Residences (New Zealand)

New Zealand's model of youth justice residences emphasizes smaller units closer to home, competent and well-trained staff, and strong relationships between young people and staff⁴⁹. This approach aims to create a more supportive and rehabilitative environment that promotes positive youth development.

Restorative Justice in European Youth Justice Systems

Many European countries have incorporated restorative justice principles and practices into their youth justice systems¹⁶. Restorative justice provides an alternative approach to traditional criminal justice, focusing on repairing harm, promoting accountability, and facilitating dialogue between victims, offenders, and communities. This can involve victim-offender mediation, family group conferencing, and community circles.

European Union Initiatives

The European Union has implemented several initiatives aimed at promoting youth justice reform and supporting the development of effective and humane practices⁵¹. These initiatives include funding programs, research projects, and the dissemination of best practices.

Challenges of Comparing Youth Justice Systems

Comparing youth justice systems across different countries presents several challenges⁵². One of the key difficulties is the lack of standardized definitions and measures for key concepts, such as "recidivism." Countries may define and measure recidivism differently, making it challenging to compare their effectiveness directly.

Furthermore, youth justice systems are influenced by a variety of factors, including cultural norms, political priorities, and socioeconomic conditions. These factors can vary significantly between countries, making it difficult to isolate the impact of specific policies or practices.

Conclusion

European youth justice systems demonstrate a range of approaches, with varying degrees of emphasis on welfare, justice, and restorative justice principles. While each system faces unique challenges and limitations, there is a growing trend towards prioritizing rehabilitation, diversion, and community-based interventions. These models offer valuable insights for jurisdictions seeking to improve the effectiveness and cost-effectiveness of their youth justice systems while upholding the rights and well-being of young people.

Synthesis and Recommendations

This comparative overview highlights key trends and best practices in European youth justice:

• Prioritizing Rehabilitation: Most countries prioritize rehabilitation over punishment, recognizing the developmental needs and potential for change in young offenders. This is reflected in the use of educational programs, therapeutic interventions, and community-based sanctions.
• Diversion and Alternatives to Detention: Diversion from prosecution and the use of alternative sanctions, such as community service, youth contracts, and restorative justice measures, are common strategies. These approaches aim to reduce the negative consequences of formal justice system involvement and provide opportunities for young people to take responsibility for their actions and make amends.
• Specialized Juvenile Courts: Many countries have specialized juvenile courts with trained judges and professionals who consider the unique needs of young offenders. These courts provide a more developmentally appropriate setting for addressing youth crime and ensuring that interventions are tailored to the needs of young people.
• Individualized Approaches: Individualized assessments and interventions are crucial for addressing the specific needs and risk factors of each young person. This requires a thorough understanding of the young person's background, social environment, and developmental stage.
• Focus on Reintegration: Reintegration into society is a central goal, with support provided for education, employment, and social inclusion. This includes providing access to vocational training, job placement services, and mentoring programs.

Based on these observations, the following recommendations are offered:

• Raise the Minimum Age of Criminal Responsibility: Countries with lower ages of criminal responsibility should consider raising them to align with international standards and ensure that children are not subjected to adult criminal justice processes. This can be achieved through legislative reform and public awareness campaigns.
• Invest in Prevention and Early Intervention: Early intervention programs can effectively address risk factors and prevent youth from entering the justice system. This includes providing support for families, schools, and communities to create positive environments that promote healthy development and reduce risk factors for delinquency.
• Expand Restorative Justice Practices: Restorative justice approaches, such as victim-offender mediation and conferencing, can promote healing, accountability, and community reintegration. This requires training for professionals and community members in restorative justice principles and practices.
• Improve Conditions in Detention Centers: Detention centers should provide safe, humane, and developmentally appropriate environments that prioritize education, rehabilitation, and well-being. This includes ensuring adequate staffing, providing access to education and mental health services, and creating opportunities for positive social interaction.
• Promote Interagency Collaboration: Effective youth justice requires collaboration between justice agencies, social services, schools, and community organizations. This can be achieved through interagency agreements, shared data systems, and joint training programs.
• Conduct Ongoing Research and Evaluation: Continuous research and evaluation are essential for assessing the effectiveness of programs and policies and identifying areas for improvement. This includes collecting data on recidivism rates, youth well-being, and system costs.

By learning from European models and adopting these recommendations, jurisdictions can create more effective, just, and humane youth justice systems that promote positive outcomes for young people and communities. Policymakers and practitioners have a responsibility to prioritise youth justice reform and invest in evidence-based practices that support the healthy development and successful reintegration of young people.

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