RT Article
T1 Remand decision-making in the youth court: a comparative analysis of youth remand and bail in England & Wales and the Netherlands
JF International journal of law, crime and justice
VO 66
A1 Brink, Yannick van den
LA English
YR 2021
UL https://krimdok.uni-tuebingen.de/Record/1776511751
AB This article presents the findings of an in-depth comparative study of remand decision-making in youth courts in England & Wales and the Netherlands. Informed by qualitative empirical research, this article explores differences and similarities in remand decision-making and in the functions of remand in the administration of youth justice. A key finding is that in Dutch youth justice a paternalistic and interventionist perception of the ‘welfare principle’ seems to be an important informal driver of the (relatively) high youth remand rates, whereas in the English youth justice system the ‘welfare principle’ seems to function rather as a protective mechanism against an overzealous use of youth remand. Ultimately, the article explores how different legal traditions and ‘proximal processes’ might explain and shape cross-national differences in the use of remand for youth and identifies several areas for further inquiry that can potentially advance our broader international comparative understanding of youth remand practices.
K1 Remand
K1 Pre-trail detention
K1 Bail
K1 youth court
K1 Comparative Research
DO 10.1016/j.ijlcj.2021.100487