Source · Select Committees · Justice Committee
Recommendation 17
17
Paragraph: 73
We recommend that the Government implement the recommendations of the Taylor Review of Youth Justice:...
Recommendation
We recommend that the Government implement the recommendations of the Taylor Review of Youth Justice: to review the fee structure of cases heard in the youth courts in order to raise their status and improve the quality of legal representation for children and to introduce a presumption that children should receive free legal representation at the police station.
Paragraph Reference:
73
Government Response
Not Addressed
HM Government
Not Addressed
The Criminal Legal Aid Independent Review is considering several issues relating to youth justice, including how to ensure the legal aid fee schemes in the Police Station and Youth Court incentivise the provision of high-quality advice and representation. We know that the current ‘opt-in’ system of legal advice has a variable uptake, especially from these vulnerable cohorts, leading to lower access to out of court disposals (a diversion from a trial in court), increasing likelihood of remand, and potentially inappropriate decisions by the individual (such as when to admit guilt) all of which have the potential to drive disproportionality. We are currently considering trialling a system of legal advice in police custody for young and vulnerable individuals that presumes the uptake of this advice as opposed to necessitating they ‘opt-in’ to this service. The objective is to test whether the presumption of provision of legal advice to those in police custody improves outcomes in relation to better protection of vulnerable individuals, take up of Out of Court Disposals (that may rely on an admission of guilt) and bail decisions and other decisions taken following arrest in the police station setting.