Martin Daly: Advocates Diversion Over Criminalising Young People
Martin Daly warned against formally criminalising children and urged investment in diversion schemes and supports for young people. He argued diversion, backed by mental health, education and community engagement, produces better long-term outcomes than court processing.
Martin Daly said a 35-year international meta-analysis shows formal processing through courts or formal out-of-court disposals can increase the risk of further criminal activity. He noted the age-crime curve peaks in mid-adolescence and argued that criminalising young people would blight educational and employment opportunities.
He outlined key drivers of adolescent offending as drug use, mental health challenges and peer pressure, typically combined with poverty, early school leaving, family instability, exposure to trauma and lack of safe, supportive environments. Daly emphasised that adolescent substance use is often a coping mechanism and a red flag for deeper distress.
Daly called for flexible, inclusive eligibility for diversion schemes, timely access, individual tailoring and feedback mechanisms. He cited the Centre for Justice Innovation finding that diversion can reduce police burden by up to 35% and noted that in England and Wales some schemes limit access to those with only a few prior offences, arguing those limits should be broader.
He said mental health services, youth work, education, sport and community engagement must be visible, inclusive and appealing to offer positive identity and belonging. Daly described the Government's youth strategy and expansion of diversion projects as a welcome step and urged diversion schemes be treated as evidence-based investments in both young people and the State.
Main argument
Martin Daly said a 35-year international meta-analysis shows formal processing through courts or formal out-of-court disposals can increase the risk of further criminal activity. He noted the age-crime curve peaks in mid-adolescence and argued that criminalising young people would blight educational and employment opportunities.
Drivers of youth offending
He outlined key drivers of adolescent offending as drug use, mental health challenges and peer pressure, typically combined with poverty, early school leaving, family instability, exposure to trauma and lack of safe, supportive environments. Daly emphasised that adolescent substance use is often a coping mechanism and a red flag for deeper distress.
Recommendations for diversion schemes
Daly called for flexible, inclusive eligibility for diversion schemes, timely access, individual tailoring and feedback mechanisms. He cited the Centre for Justice Innovation finding that diversion can reduce police burden by up to 35% and noted that in England and Wales some schemes limit access to those with only a few prior offences, arguing those limits should be broader.
Policy and community responses
He said mental health services, youth work, education, sport and community engagement must be visible, inclusive and appealing to offer positive identity and belonging. Daly described the Government's youth strategy and expansion of diversion projects as a welcome step and urged diversion schemes be treated as evidence-based investments in both young people and the State.
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Transcript
Minister, some children come into contact with the law as a consequence of doing what comes naturally to them, pushing boundaries, acting without thought of consequence and establishing themselves in the mistaken judgement of impressing their peers. They may also be victims of criminal exploitation. However, if apprehended and convicted in the criminal justice system, research will show lives blighted in terms of educational and employment opportunity. In fact, a 35-year international meta-analysis found that formally processing through the court or even formal out-of-court disposals increased the risk of further criminal activity and is a market for predicting criminal involvement into adulthood. Most adolescents grow out of criminal behaviour as they get older. It is recognised as the age-crime curve, peaking in mid-adolescents. The most deleterious thing we could do to them and ourselves as a state would be to formally criminalise them. Children who are diverted at the point of arrest are less likely to re-offend, more likely to stay in education and more likely to find employment in later life. If we are to seriously divert young people from criminal activity, we must address the broader context in which that activity emerges. Drug use, mental health challenges, peer pressure are key drivers but they rarely exist in isolation. Too often they are accompanied by poverty, early school leaving, family instability, exposure to trauma and a lack of access to safe and supportive environments. Drug use amongst adolescents is not just a health concern, it is often a red flag for deeper distress. Substance use often begins as a coping mechanism for anxiety and adverse life experiences. Without the right support, it can become the gateway to exclusion, addiction and contact with the justice system. This is why mental health in its widest possible definition must be central to our response. Young people today faced enormous pressures online, in school and at home. Peer influence is another powerful force. Adolescents crave belonging and identity. When positive role models are absent, our structured alternatives are lacking. They may find the sense of identity in peer groups where anti-social behaviour is normalised. Youth work, education, sport and community engagement must not just be available but visible, inclusive and appealing. The Government's youth strategy and expansion of diversion projects is a welcome step. According to the Centre of Justice Innovation, Diversion can reduce police burden by up to 35% whilst giving young people a genuine second chance. In neighbouring jurisdictions like England and Wales, 40% of point of rest diversion schemes limit access to those with two or few prior offences. So what must we do? Eligibility must be flexible and inclusive based on more than just a one-shot approach. Diversion schemes must be accessible and timely. Schemes have to be tailored to individual needs. Not one side fits all. Schemes need feedback. Diversion schemes should be seen as evidence-based investment in young people and in the State itself. Thank you Deputy Peter Chapley. You