Should the discretion scheme administered by entities other than the Police so as to ensure a better diversionary treatment for young offenders?

Abstract

In Hong Kong, the Police Superintendent’s Discretion Scheme (“the Scheme”) has been adopted by the Hong Kong Police Force as a non-punishment option to deal with young offenders who have committed relatively minor offences. This current study aimed to explore the effectiveness of the Scheme and whether the police should remain the appropriate entity to continue administering the Scheme, by drawing findings from qualitative interviews, a literature review, and secondary data findings. The study shows that whilst the Scheme and its post-caution services are considered not fully capable of achieving the objectives of the restorative justice ideologies, it is considered to be effective in offering an extra option to deal with young offenders who commit minor offences. Whilst most stakeholders consider that the police should remain the appropriate entity for the Scheme, they offer practical suggestions to refine the Scheme which will be elaborated in the paper.