JUGHENT – Universität Innsbruck

JUGHENT - Empirical research for the positioning and development of the Youth Court Assistance Service

Repressive sanctions in criminal law against young people often have adverse consequences. Therefore, most jurisdictions provide for alternatives to react to juvenile delinquency with minimal intervention, educational sanctions and social constructive reparative measures. Finding the right form of reaction requires information, e.g. about the offender’s personality and circumstances. In addition, international, supranational and national law order an individual assessment of the circumstances and background of juvenile delinquents and their consideration from the perspective of the child’s best interest in proceedings and decisions. In Austria, criminal law requires the Youth Court Assistance Service to support the criminal justice system in proceedings against juveniles and young adults. It assists the prosecution and court in the collection of the required psychosocial information.

While the Viennese Youth Court Assistance Service already looks back at a 110 year long tradition, Austrian-wide services have only been rolled out in 2016. Since 2020, the assessment of the juvenile offender’s personality and circumstances are obligatory in all criminal proceedings in which an indictment is made. The only exceptions exist for proceedings that have a diversion in view. However, also in those proceedings an assessment may be ordered if needed. The Youth Court Assistance Service’s tasks include the collection of information about the juvenile offender’s personality and circumstances, the contribution to victim-offender-mediations or the placement in community service programs and the elimination of any existing harm or risks for the juvenile’s upbringing and health (crisis intervention). In addition, they collect information on all relevant circumstances for the decision on whether the juvenile should remain in custody or be released, they provide opinions on the usefulness to hold a custody conference and, eventually, participate in them. The Viennese Youth Court Assistance Service may also be assigned with the care of juveniles in custody or juvenile prison inmates.

Despite the services’ Austrian-wide roll-out and their practical importance, empirical studies regarding their use, functioning and effects are currently lacking. This project methodologically combines the analysis of quantitative data from the justice system and qualitative data collected from case files and expert interviews. Additionally, a survey is conducted among the clients of the Youth Court Assistance Service. The Austrian system is then also compared to selected systems in other jurisdictions. The project results will provide information that could serve as the basis for an assessment and evaluation of the services’ use, performance and effects. It may inform potential quality-assurance or optimization measures.

The project is funded by the Austrian Security Research Programme KIRAS of the Austrian Ministry of Finance.