Problem-Solving Courts for Children, Do They Work? Perspectives of Youth Justice Practitioners in Queensland, Australia

It is widely accepted that legal responses to criminal offending by children should be based on the principle of ‘minimal intervention and maximum diversion’. Criminal law processing can increase a child’s chances of ongoing contact with the criminal law system; however, there is limited research about what effect a court appearance has on a young person’s trajectory. In Australia, formal criminal courts retain decision-making authority in youth justice matters, rather than restorative panels or tribunals, although some children’s courts have adopted problem-solving programmes on an ad hoc basis. We interviewed 46 youth justice practitioners in Queensland, Australia, to gather their perspectives on the use of problem-solving approaches in children’s criminal courts. Somewhat surprisingly, most participants did not consider problem-solving courts to be appropriate for children. Instead, they emphasised the need to deliver services to children outside the court system, recommending increased interagency collaboration, and liaison and diversion services.