Remand decision-making in the youth court. A comparative analysis of youth remand and bail in England & Wales and the Netherlands

Abstract

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.