Source · Select Committees · Human Rights (Joint Committee)

Recommendation 3

3 Paragraph: 39

Courts already have discretion to consider the different developmental ages of children and reflect this...

Conclusion
Courts already have discretion to consider the different developmental ages of children and reflect this in the tariffs they hand down for DHMP. Mandating courts in legislation to treat older and younger children differently focuses too much on age, and not enough on maturity or circumstance. It brings tariffs for older children so close to those faced by adults that the distinction between a child and an adult risks being lost. However, we accept the imposition of shorter tariff periods for the youngest offenders as a step towards the recommendations of the UNCRC. The increases to tariff starting points based on age should be removed from the Bill.
Paragraph Reference: 39
Government Response

A response document is linked to this report, dated 16 December 2021. Response attribution to this conclusion has not been verified. Read the response document ↗