Source · Select Committees · Justice Committee

Recommendation 20

20 Paragraph: 124

Children and young people going through the court system have very distinct needs, many having...

Conclusion
Children and young people going through the court system have very distinct needs, many having neurodevelopmental and communication needs. They may not fully understand proceedings. Every opportunity must be made to ensure that children are not unfairly disadvantaged; everyone should be able to understand and fully participate in proceedings.
Paragraph Reference: 124
Government Response Acknowledged
HM Government Acknowledged
The Ministry of Justice recognises the importance of ensuring that children are fully supported throughout the criminal justice process. We are currently considering the feasibility of the Law Commission’s recommendations on intermediaries for defendants as part of a review of intermediary provision. These would create statutory eligibility for children and vulnerable adults to receive intermediary assistance for as much of the trial as is necessary to ensure a fair trial. 90. All children, regardless of specific needs, are currently supported through the criminal justice process by their YOT. The YJB provides robust guidance to YOTs which outlines the importance of relationship-based-practice to support children and their families through the court process. This guidance ensures that children and their parents and carers are provided with appropriate information and support during the court process, and that checks are made to ensure their understanding. This is essential in ensuring that children’s voices are heard and that they can participate effectively throughout. 91. This guidance also outlines the importance of ensuring the safety and wellbeing of children in court as well as helping every child to understand the details of their court order and what is required of them to comply. Where there is a strong likelihood that the child or young person will be remanded or sentenced to custody, there are clear expectations set out in the guidance to ensure that liaison with the Youth Custody Service is fast and includes relevant details regarding a child’s risk and/or need.