Source · Select Committees · Justice Committee
Recommendation 19
19
Paragraph: 116
Under the principle that punishments should fit crimes, we are concerned that children who turn...
Recommendation
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.
Paragraph Reference:
116
Government Response
Acknowledged
HM Government
Acknowledged
85. Where a child turns 18 after an offence is committed but before conviction, they will be tried in adult court and, if found guilty, the maximum sentence available will likely be higher than that which would have been available at the time the offence was committed. 86. This does not, however, necessarily lead to significantly longer sentences in practice. Youth and maturity continue to inform sentencing decisions even after the offender turns 18, and the Sentencing Council’s definitive guideline, Sentencing Children and Young People, states that in these cases courts should use the sentence that would have been given at the time the offence was committed as a starting point. Overarching guidelines for sentencing adults similarly list age and/or lack of maturity as a mitigating factor when determining the sentence. 87. Younger children have very different needs to young adults, and the special measures that exist in youth courts—such as the right to anonymity—are intended to protect vulnerable children. That is why they are not automatically available to defendants over the age of 18, regardless of when the offence was committed. However, assistance (including the Registered Intermediaries scheme) does exist to support adult defendants who are determined to be vulnerable. Throughout court proceedings, consideration is given to the age—both chronological and developmental—of the defendant, and measures exist to ensure that those who turn 18 before trial are supported. 88. We are working to clear the courts backlogs and reduce the number of children awaiting trial. HMCTS in particular has taken steps to minimising delays for young people, and as part of its Covid-19 recovery plan senior officials in each region are working with Resident Judges to prioritise and support trials involving youth defendants. Youth courts are now running at near to normal sitting patterns, and it is forecast that the outstanding caseload will return to pre-Covid levels soon. Since 20 July courts have disposed of more youth cases than they have received, reducing the number of outstanding youth cases week on week. HMCTS also prioritises cases where there is a possibility that the offender may turn 18 before conviction.