Youth Justice Law in England and Wales
Providing legal knowledge and expertise about children’s rights in the criminal justice system.
The Sentencing Code 2020: A new era of simpler sentencing procedure
The Sentencing Code comes into force on 1 December 2020. The Code is intended to be a single point of reference for the procedural law considered by courts when sentencing. It is hoped that this will bring clarity to the legislative sentencing framework for children.
W80: Police powers and the use of force – implications for children
The Court of Appeal have rejected a Divisional Court ruling that where a police officer held an honest belief that he was in imminent danger, there could be no inquiry in misconduct proceedings as to whether that belief was reasonable.
High Court judgment – sending children to the Crown Court should be rare
The Court examined the circumstances in which a child was sent to the Crown Court for trial. The guidance to be applied says that the circumstances in which a young person is sent to the Crown Court for trial should be rare, and very rare for a defendant under the age of 15.
Justice Committee Report calling for change in youth justice
The Justice Committee report makes recommendations including a review of the age of criminal responsibility, data collection on out of court disposals and research in respect of racial disproportionality in the youth justice system.
Court of Appeal judgment- prosecuting victims of trafficking, abuse of process and Schedule 4 offences
It will not be an abuse of process for the CPS to prosecute a victim of trafficking, where the defence under section 45 Modern Slavery Act 2015 is not available, pursuant to schedule 4 of that act.
Court of Appeal judgment – calculating sentence reduction for age and vulnerability
The Court of Appeal held that a sentence of 18 years detention for an offence of manslaughter, where the Appellant was 17 years and 7 months old at the time of the offence, was manifestly excessive. The sentence was reduced to 12 years on the basis that not enough weight had been attached to the appellant's youth and vulnerability.
Advocate’s Gateway Toolkit – supporting participation in courts and tribunals
The Advocate’s Gateway have published a new toolkit (toolkit 19) on supporting participation in courts and tribunals.
Detention and Training Orders – terrorism concerns and delayed release
An application for judicial review was refused on the basis that there was no restriction on the power of the youth court to order a late DTO release. Therefore, the youth court could take into consideration concerns about the increased risk to the public of terrorist activity when considering ordering delayed release.