Select committee: Justice Committee
Recommendation 15
12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system
Published 12 Nov 2020
Paragraph 99
Addressed to Ministry of Justice
Justice Committee Children and young people in custody All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
We were concerned to hear reports of children being remanded to custody pending psychiatric reports. Evidence received suggested that this is unnecessary and potentially damaging for a child. We ask the Ministry of Justice to set out how many children have been sent to custody pending a psychiatric report. We recommend that the Ministry set out what steps it is taking to prevent this from happening.
From: Justice Committee, 12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system (HC 306), paragraph 99, 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.