23. Memorandum submitted by
The Magistrates' Association: Youth Courts Committee
What steps should be taken to get people from
vulnerable groups (women, young people, the mentally disordered,
alcohol and drug addicts), and minor offenders out of prison?
The greater provision of more community based
orders, which would include programmes for young people, so that
magistrates have more alternatives to use for serious and persistent
offenders. These programmes must be extensive and aimed at stopping
the young person from re-offending. They must be aimed at providing
activities for young people for more than just a couple of hours
a week. Resources must be made available to provide these programmes
on a regular basis. The standards that form part of any programme
must be robust and easily understood by the young people. Their
enforcement must be strict and prompt.
There is at the moment the Intensive Supervision
and Surveillance Programme, which forms part of the Supervision
Order. It has a proven successful record at reducing the re-offending
rate for serious offenders. This is an extensive and intensive
order designed as the last stop before prison for persistent and
serious young offenders but it is available only to a limited
number of young people because of the lack of funds.
What is the role of restorative justice?
The role of restorative justice can best be
found in dealing with minor incidents that are not serious enough
to require the individual(s) to be charged. These incidents could
occur in public places such as High Streets or in private areas
such as school playgrounds or private children's care homes. The
incidents would be of a trivial nature such as a minor scuffle
in a school playground or damage to a broom handle in a children's
home.
Should the use of conditional cautions and referral
orders be extended?
The general position regarding conditional cautioning,
which applies equally to adult and to youth courts, is that sentencing
must be reserved for sentencers—members of the judiciary—and
that cases serious enough for a court disposal must be subject
to charge and prosecution. It is constantly stated that out of
court disposals are intended for low-level offences, and it is
agreed that pre-court activity can properly take place in relation
to matters that are not serious enough to come to court. The Magistrates'
Association is very much in favour of keeping children and young
people out of the criminal justice system wherever that is possible
and appropriate. It is important that there is the right disposal
for the right level of case, and in relation to the youth court
the view is that too many minor incidents are being brought to
court where in previous years prosecution would not have gone
ahead. This relates to incidents in schools, public places and
particularly care homes. For example Magistrates are seeing minor
scuffles in the school playground being brought to court where
previously they would have been dealt with by the schools disciplinary
procedures. Existing pre-court intervention measures are extensive,
more than sufficient to deal with low level offences and nothing
further is needed. It must be totally confusing to a young person
to be faced with the full range of Fixed Penalty Notices, Penalty
Notices for Disorder, Reprimands and Final Warnings.
In regard to Referral Orders it is not appropriate
for their use to be extended. Their claim to have a lower re-offending
rate to that of conditional discharge or fine has not been proved
through proper research. Clearly they are more expensive than
a fine or discharge. Although they are a welcome additional sentence
for first time offenders, it is not always appropriate for magistrates
to have to choose between this or custody for first time offenders
pleading guilty to imprisonable offences. There are examples where
other orders such as Supervision Orders for a longer period than
one year would be more appropriate to stop the young person re-offending.
March 2007
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