Recommendations & Conclusions
5 items
6
Recommendation
12th Report: Children and Young People …
Rejected
There is significant support for diversion and demand for informal, non-statutory services. For diversion schemes to function well, they need to be sufficiently funded. Investment in upstream service provision should be prioritised. We recommend that the Ministry of Justice work with the Youth Justice Board to review current funding arrangements …
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There is significant support for diversion and demand for informal, non-statutory services. For diversion schemes to function well, they need to be sufficiently funded. Investment in upstream service provision should be prioritised. We recommend that the Ministry of Justice work with the Youth Justice Board to review current funding arrangements and ensure that funding adequately reflects the pre-court diversionary work being carried out by youth offending teams. (Paragraph 46) Children and Young People in Custody (Part 1): Entry into the youth justice system 47
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Government response AI summary
The government states it has no current plans to review YOT funding levels, rejecting the recommendation. However, it acknowledges the importance of pre-court diversionary work and mentions ongoing efforts to gather data and better understand such work through a YJB project.
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Ministry of Justice
9
Conclusion
12th Report: Children and Young People …
Rejected
The age of criminal responsibility in England and Wales is a contentious issue with substantial arguments in favour both of the status quo age of 10 and an increase in that age. We are not persuaded that it should be immediately increased, but given the arguments in favour of raising …
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The age of criminal responsibility in England and Wales is a contentious issue with substantial arguments in favour both of the status quo age of 10 and an increase in that age. We are not persuaded that it should be immediately increased, but given the arguments in favour of raising it and the fact that the age in England and Wales is lower than in broadly comparable countries, we consider there is a case for reviewing the age of criminal responsibility.
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Government response AI summary
The government rejects the idea of reviewing the age of criminal responsibility, stating it has no current plans to do so and believes the current age of 10 is appropriate for children to differentiate between bad and serious wrongdoing.
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Ministry of Justice
10
Recommendation
12th Report: Children and Young People …
Rejected
We recommend that the Ministry review the age of criminal responsibility, considering the data available from Scotland and from broadly comparable European and other jurisdictions in which the age is higher than 10 at which it stands in England and Wales. We recommend that the Ministry report on the implications …
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We recommend that the Ministry review the age of criminal responsibility, considering the data available from Scotland and from broadly comparable European and other jurisdictions in which the age is higher than 10 at which it stands in England and Wales. We recommend that the Ministry report on the implications of raising the age in England and Wales to 12 and to 14, including the likely effect on reducing the number of children in custody and alternative methods of disposing of children beneath those ages who have committed serious offences. We recommend that if it concludes that 10 should remain the age of criminal responsibility, the Ministry set out the evidence and reasoning to justify an approach the Minister of State recognises as one that differs from the average. (Paragraph 65) Racial Disproportionality
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Government response AI summary
The government rejects the recommendation to review the age of criminal responsibility, stating it has no plans to change it and believes children aged 10 and over can differentiate between bad and serious wrongdoing.
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Ministry of Justice
16
Recommendation
12th Report: Children and Young People …
Rejected
Referral Orders may be appropriate in some circumstances, but there appears to be consensus that more flexible sentencing options would be beneficial. We recommend that the Ministry of Justice review current sentencing options for children with a view to introducing a Youth Rehabilitation Order as a sentencing option for first-time …
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Referral Orders may be appropriate in some circumstances, but there appears to be consensus that more flexible sentencing options would be beneficial. We recommend that the Ministry of Justice review current sentencing options for children with a view to introducing a Youth Rehabilitation Order as a sentencing option for first-time offenders pleading guilty. (Paragraph 103) Children and Young People in Custody (Part 1): Entry into the youth justice system 49
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Government response AI summary
The government rejects a review of sentencing options for first-time offenders, stating that Referral Orders already provide an effective tool and are more effective at reducing reoffending than Youth Rehabilitation Orders. It does not believe there is evidence to warrant a review.
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Ministry of Justice
19
Recommendation
12th Report: Children and Young People …
Rejected
Under the principle that punishments should fit crimes, we are concerned that children who turn 18 while waiting for proceedings against them to begin are then dealt with and sentenced as adults. In particular, this is alarming when it happens simply because of delays in bringing cases to court. Defendants …
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Under the principle that punishments should fit crimes, we are concerned that children who turn 18 while waiting for proceedings against them to begin are then dealt with and sentenced as adults. In particular, this is alarming when it happens simply because of delays in bringing cases to court. Defendants may have no control over delays, but may face profoundly different outcomes simply because a birthday has passed. There is significant potential for injustice here, and we believe that proceedings and sentencing should be carried out on the basis of the circumstances prevailing at the time the offence was committed, including the age of the offender. We recommend that the Ministry of Justice legislate to ensure that those who turn 18 while waiting for proceedings against them to begin are automatically dealt with in the youth justice system and sentenced as children.
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Government response AI summary
The government rejects legislating to automatically deal with those who turn 18 in the youth justice system, arguing that age and maturity are already considered in sentencing and that efforts are underway to clear court backlogs and prioritise youth cases.
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Ministry of Justice