Diverging or Emerging from Law? The Practice of Youth Justice in Ireland

The Children Act 2001 is the statutory framework for youth justice in Ireland. Fully in force since 2007, aspects of the Act appear to be unimplemented while in other areas practice has diverged from the Act’s provisions. Three areas are used to show where youth justice practice has diverged from the legislation: the operation of the Children Court; the use of community sanctions and the use of family conferences and restorative justice. This article studies the disconnect between the law and practice in these three areas, offers some explanation as to why it has occurred and proposes some solutions for how it might be addressed.