Select committee: Justice Committee
Recommendation 25
12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system
Published 12 Nov 2020
Paragraph 139
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)
Covid-19 has necessitated a shift to remote hearings, but we have heard concerns from witnesses about their use. We accept that this is a necessary interim measure in response to the pandemic, but the Ministry of Justice should set out what work is being done to ensure that all parties to a proceeding are adequately supported during remote hearings. We reiterate our previous recommendation, that the Ministry should urgently commission a review that evaluates the effect of Covid-19 measures in the magistrates’ courts and the Crown Court. This review should also consider the specific effect Covid-19 measures have had on access to justice and fairness of outcomes for children and young people.
From: Justice Committee, 12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system (HC 306), paragraph 139, 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.