APPENDIX 4
Memorandum submitted by The Children's
Society (CJSB 25)
1. INTRODUCTION
1.1 The Children's Society is a national
children's charity with a wide range of projects including work
with children and young people who are involved in crime, drug
abuse and those who are victims of domestic violence.
1.2 This response is based upon both our
practice experience and understanding of the implications of the
White Paper and anticipated measures in the forthcoming legislation
for children and young people. Following the Committee's request
we have kept our response to key points; we would be very willing
to provide any further information on all or any of the issues
raised.
2. THE CREATION
OF A
STRENGTHENED YOUTH
COURT
2.1 The Children's Society welcomes the
proposal to limit the numbers of young defendants currently appearing
before the Crown Court. The creation of a new youth court with
additional powers goes some way to addressing the concerns expressed
by the European Court in the case of Thompson and Venables and
the requirements of the UN Convention on the Rights of the Child
to which the UK Government is a signatory. We feel that all those
under 18 years of age should be dealt with by such a specialist
court, regardless of whether there is an adult co-accused.
2.2 We are concerned to ensure however that
this proposal does not deny young defendants the option of jury
trial and in this respect. we believe that the interests of the
child or young person must be put first.
2.3 We note that the 5-point "purposes
of sentencing" contained in the White Paper makes no reference
to the principle enshrined in previous legislation that the welfare
of the child should be a paramount consideration of the youth
court. This must be upheld.
3. JUVENILE SENTENCING
3.1 The proposed changes to the Action Plan
Order are likely to create further confusion, particularly given
the stated need within the White Paper to simplify the range of
sentencing options available for juveniles in order to promote
understanding and flexibility within juvenile sentencing. The
proposals place the future of the Supervision Order in doubt.
3.2 The Children's Society welcomes the
recognition contained within the White Paper that custodial powers
in relation to 10 and 11 year olds should not be increased.
3.3 The proposed new powers for courts to
commission investigations from the local authority into the circumstances
of children appearing before youth courts is a possible area of
concern. The Children's Society is worried that this will place
additional pressure upon already over-stretched resources and
duplicate powers which the local authority already has with regard
to children through the Children Act 1989.
4. SENTENCE DISCOUNTS
FOR EARLY
PLEAS
4.1 Whilst we would support measures to
reduce unnecessary delays in the processing of court cases we
have some concerns that young and vulnerable defendants may be
particularly susceptible to pressure to admit offences in order
to conclude matters as quickly as possible.
5. CUSTODY PLUS
FOR JUVENILES
5.1 The Children's Society is concerned
that the introduction of "custody plus" sentences for
juveniles will complicate an already complex sentencing tariff
and could lead to longer sentences for non-serious crimes. We
recognise that short Detention and Training Order sentences are
proving difficult to manage within the juvenile secure estate
due to the short length of stay and pressure for places. However,
we believe that the remedy should be to take steps to limit the
use of custody for juveniles rather than increase the length of
stay.
6. POLICE BAIL
6.1 We are concerned that conditions on
police bail prior to charge may interfere with young people's
voluntary attendance for reprimand and final warning schemes.
7. VICTIMS
7.1 The Children's Society supports measures
that will improve the efficiency and effectiveness of the criminal
justice system, particularly in the treatment of victims. We are
concerned that any consideration of the rights and needs of victims
in terms of the proposed new Victim's Charter should include specific
consideration of child victims.
7.2 There is clearly a need to achieve a
balance between protecting and supporting victims and defendants'
rights to fair and just treatment by the courts.
8. PUBLIC ATTITUDES
8.1 The Children's Society recognises the
importance of addressing the public's fear of crime, especially
where the issue of youth crime is concerned. A programme of public
education should be embarked upon which would enable the public
to be better informed and would lessen public anxiety about crime.
We believe that this in turn could encourage support for a programme
of reform that would lead to a reduction in the use of custody,
particularly for children and young people under 18 years.
9. THE NEEDS
OF BLACK
AND MINORITY
ETHNIC YOUNG
PEOPLE
9.1 The Children's Society welcomes the
commitment from Government to improve its understanding of and
take action about the scale and causes of the over-representation
of minority ethnic groups at the stages of arrest and custody.
The Children's Society has commissioned its own research into
the experiences of Black young people of the youth justice system,
in partnership with the University of Central England, and hopes
to be able to contribute to the Government's investigation into
this issue.
10. DOMESTIC
VIOLENCE
10.1 The Children's Society supports any
measures that would ensure that children and adults who are at
risk of, or victims of, domestic violence are offered the greatest
protection and support by the civil and criminal justice systems.
Children and young people are often the hidden victims of this
type of abuse and we would welcome a response that recognised
the need to pay attention to the needs and opinions of children
and young people living with domestic violence.
11. DRUG TESTING
11.1 The Children's Society is concerned
by the proposals to introduce compulsory drug testing for under
18s. Due to lack of resources currently available to carry out
this type of testing it is likely that it will be conducted through
adult oriented services that may not be appropriate for young
people. As a consequence the breach rate is likely to be high.
12. PARENTING
ORDERS
12.1 The proposed extension of compulsory
parenting programmes to juveniles and Parenting Orders for the
parents of young offenders is a concern. Parents often tell our
staff that they would welcome support and have often requested
help at a much earlier stage. Services need to be organised in
such a way so that help and advice is accessed as soon as it is
required, rather than being triggered by entry into the criminal
justice system.
November 2002
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