Select committee: Justice Committee

Recommendation 1

12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system Published 12 Nov 2020 Paragraph 24 Addressed to Ministry of Justice
Recommendation (the committee's words)
Although fewer children enter the youth justice system than used to be the case, those who do are more complex individuals. The cohort includes children who have mental health or substance misuse issues. Some have previously been excluded from school; many are, or have been, looked-after children. The complexity of the issues that these children have faced, as shown in the graph above, highlights the need for a whole-system approach involving a range of public agencies beyond those of the criminal justice system, and we recommend that much greater priority be given to this in the development of future policy and practice.

From: Justice Committee, 12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system (HC 306), paragraph 24, 12 November 2020

Government response

The government responded to the whole report on 10 February 2021 (deadline 12 January 2021).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government welcomes the Committee's report and agrees that "more can be done" on multi-agency working and data on diversion, but declines to review the age of criminal responsibility or sentencing options for first-time offenders.

  • On data and evaluation, it agrees "more can be done to collect data on diversion schemes"; the YJB has collected data on Community Resolutions and other informal outcomes since April 2020 and "will explore publishing" it once a full year of sufficient quality data is collated.
  • It states it "does not have any current plans to either review or change the age of criminal responsibility", saying children aged 10 and over can tell bad behaviour from serious wrongdoing and that age 10 allows early intervention.
  • On first-time offenders pleading guilty, it states it does "not consider that there is evidence to warrant a review of sentencing options", citing Referral Orders as an effective tool.
  • On remand, it says a review of custodial remand for children is under way, with publication of the final report "now planned for spring 2021", and it accepts disproportionality in the system is a concern.

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