Select committee: Justice Committee

Recommendation 21

12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system Published 12 Nov 2020 Paragraph 125 Addressed to Ministry of Justice
Recommendation (the committee's words)
We agree with the Royal Colleges’ recommendation that the Registered Intermediary Scheme be made available to vulnerable child defendants. We recommend that the Ministry of Justice set out how it will extend this scheme to ensure that children have access to adequate support. The Ministry should also set out how all children, regardless of specific needs, are supported through the criminal justice process to ensure that they fully understand the process and are able to participate in an informed and full manner.

From: Justice Committee, 12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system (HC 306), paragraph 125, 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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