MP launches Bill for all child offenders to be treated as children by the Courts

Rob Butler MP, a member of the House of Commons Justice Select Committee who formerly served on the Youth Justice Board and as the magistrate member of the Sentencing Council, is today (Tuesday 23rd February) introducing a Bill to Parliament to ensure that young people who commit crimes before they are 18 are always dealt with in the youth court and receive a youth sentence.

Currently, the justice system treats a defendant according to their age on the date they first appear in court and enter a plea. Consequently, if someone commits an offence aged 15, 16 or 17, but they don’t get to court until after their 18th birthday, they are treated as an adult. Delays in cases coming to court have been exacerbated recently due to the coronavirus pandemic and to the use by police of Release Under Investigation.

The Youth Court has specially-trained magistrates and judges who are required to give priority to reducing reoffending and to the child’s welfare. They can sentence a young person to a referral order, which focuses on rehabilitation and reparation, and does not result in a criminal record once completed. Under-18s in court and on referral orders are supported by Youth Offending Teams. None of this applies to those appearing in the adult court once they turn 18.

Rob said:
“The arbitrary cut-off date of a young person’s 18th birthday immediately affects both the type of court that deals with them and the range of sentences available. But there can then be a longer-lasting impact on the chance of rehabilitation, the likelihood of getting a job and the prospect of forever having to disclose a mistake from the past due to the rules on criminal records.

“It is totally unfair to punish young people for the setting of a court date over which they have no control. It is no exaggeration to say the consequences can last a lifetime.”

The proposals in the Bill are supported by a wide variety of children’s and justice organisations, including the Children’s Commissioner, T2A, the Magistrates’ Association, the Association of YOT Managers, the Youth Justice Board, the Youth Justice Alliance, the Youth Justice Legal Centre (part of Just for Kids Law) and the National Association for Youth Justice.

The Bill is co-sponsored by the Chairman of the Justice Select Committee and the senior opposition member of the Committee, as well as other former justice and children’s ministers and opposition spokespeople.

Rob added:
“This would be a relatively simple change to make in legislation as in many respects, it does no more than correct an anomaly. But for those affected, its impact would be profound, as it would enable young people to put their mistakes behind them and make a constructive contribution to our society. It would put more emphasis on preventing reoffending, and mean a fairer, more just system.”