Non-compliance
However, communication difficulties in young people tend to be misinterpreted as non-compliance, and in the formal and unfamiliar environment of a court, language demands increase in length and complexity.
Therefore, communication strategies should be tailored to this reality and use a neutral gentle tone, pauses, and repetition of information.
Legal professionals should choose questions carefully, and not too many of them, lawyers were advised, and to use closed questions such as ‘who’, ‘what’, ‘where’ and ‘when’.
Judge John O’Connor spoke on the challenges in adjudicating capacity for children in court proceedings.
Benchmark
He referenced the UN Convention on the Rights of the Child as the benchmark for children’s rights.
Article 40 of the convention recognises a child’s evolving capacities and right to special treatment in accordance with their age and maturity
Judge O’Connor said that capacity was a legal test – and, ultimately, a judicial decision
Historically, the law made few concessions to children, he pointed out.
However, rule 14.2 of the Beijing Rules (1985) says that juvenile justice proceedings should be in an atmosphere of understanding, in which the child can participate.
Neglect
Ireland has been guilty of historic neglect of children’s rights, the judge said, but a child-oriented justice system should encourage wellbeing and should operate proportionately to the circumstances of the child and the offence.
Judge O’Connor also said that child cases should be dealt with more rapidly.
However, existing child procedures in Ireland were adversarial and the child ’didn’t usually participate in court.
Research
Research by Dr Ursula Kilkelly shows that children value being heard in cases that affect them, and that the quality of legal representation is of special importance to them
Certain conversational techniques can be used in court to enhance effective participation by the child.
Judge O’Connor said that future shifts might require legal regulatory bodies to draw up rules for children involved in the juvenile justice system.
Speech and language therapist Vivienne Foley told the seminar that some teens might have difficulties making themselves understood or following directions, and be unable to express ideas, thoughts or feelings.
Long-term
Developmental Language Disorder may co-occur with neuro-developmental disorders, such as ADHD. A significant portion of language difficulties are long-term, she said, and often adolescents will develop strategies to mask these hidden difficulties.
Vivienne Foley said that language difficulties are rarely recognised in young offenders, and never cited as a risk predictor.
However, their prevalence in adolescents in custody is much higher than that seen in the general population, ranging from 60-90% in the former, compared with 7-12% in the latter.
Impairment
A New Zealand study showed that 64% of young offenders had language impairment.
Oral language is a key competency acquired in the first five years of life, and it facilitates interpersonal, academic and vocational goals.
Early intervention can have good success, and education, generally, is a protective factor as young people have the opportunity to form positive peer relationships, where language plays a central role.