Sentencing care-experienced young people: Impact of trauma and placement in Out of Home- Care (OOHC) on sentencing determinations before Children’s Courts in England/Wales and Australia - Interim Report

The Out-of-Home Care (OOHC) to juvenile justice pipeline has been well-established in the United Kingdom, Australia and elsewhere (see for example Baidawi, 2020; Day, 2021; Dvorchak, 2022; Day et al., 2023; Fitzpatrick et al., 2022; Malvaso et al., 2016; Whittaker et al, 2023). The research base on the prevalence, characteristics, trajectories and needs of dual system involved youth is expanding (Baidawi and Sheehan, 2019; McFarlane, 2018; Fitzpatrick et al., 2022; Day et al., 2023). Dual system involved children and young people often experience complex trauma, compounded by placement instability (Schofield et al., 2007; Price et al., 2008; Ryan and Yang, 2005; Day, 2021), challenges with identity formation and sense of self (Colbridge et al., 2017; Ward, 2011) and criminalising environments (Shaw, 2014; Taylor et al., 2014; Travers, 2012). There is important, albeit limited, research exploring the role of trauma as a mitigating factor in sentencing for violent crimes both among juveniles and adult offenders (Forsyth, 2016; Jackson et al., 2021; Stevenson, 2009), and the application of trauma-informed models of justice, particularly juvenile/youth justice settings (Buckingham, 2016; Crosby, 2016; Ezell et al., 2018).

While there appears to be an acknowledgement and appetite within the judiciary for more responsive and less punitive approaches to young people, the application of trauma-informed approaches remains inconsistent at best (Zelechoski et al., 2021). In this context, very few studies have specifically investigated the intersection between developmental trauma, experiences of OOHC and sentencing dispositions. This project seeks to address these research gaps through a multi-stage, cross-national comparative study. The first stage of the project will involve a thematic analysis of publicly available sentencing guidelines and sentencing decisions in two areas in the UK (England and Wales) and two jurisdictions in Australia (Victoria and New South Wales). The thematic analysis will be supplemented by interviews with key stakeholders involved in the youth/juvenile Court systems across the UK (England and Wales) and Australia (Victoria and New South Wales). This interim report provides an update for the project with information on the purpose, background and key literature and methodological approach to the project.