Source · Select Committees · Justice Committee
Recommendation 22
22
Paragraph: 130
The youth criminal justice system can be complex to navigate for children and young people,...
Recommendation
The youth criminal justice system can be complex to navigate for children and young people, particularly as children reach court proceedings. We recommend that direct recruitment to the youth magistracy be introduced, which would allow magistrates to specialise in the youth justice system from the outset. We also recommend that the Ministry of Justice and Her Majesty’s Courts and Tribunal Service consider enabling peer advocates to have an increased role in youth court system.
Paragraph Reference:
130
Government Response
Acknowledged
HM Government
Acknowledged
68. Direct recruitment to the youth magistracy has been considered previously, but the initiative has not been pursued to date as there is currently an insufficient caseload in the youth courts for this to be proportionate. In order to achieve the minimum sitting day requirement for magistrates of 13 days per year with the current caseload, centralisation of youth courts across areas would have to be considered in some parts of England and Wales as part of any initiative that provides directly-recruited youth magistrates. 69. Currently, magistrates must sit for two years in the adult criminal court before an application can be made for authorisation to sit in the youth court. This requirement is an important part of their training and is based on the similarity of the legal frameworks across the adult and youth jurisdictions. 70. We recognise, however, that there may be benefits to direct recruitment to the youth magistracy. For example, such an initiative may attract a different set of candidates, particularly those with experience of, or interest in, working directly with children. We will therefore continue to further explore the benefits of, and options for, direct recruitment. 71. We are aware that peer advocates with experience of the youth justice system work with some YOTs to build meaningful and trusting relationships with participants. This is an important role and is based on a mutual understanding and shared experience of the system, including the court process.