The Youth Justice Legal Centre Summit: Bias. Discrimination. Fear. explored five areas where children in the criminal justice system experience discrimination: Girls, Race, Class, Kids (age), and Fear. Please contact YJLC@justforkidslaw.org for access to the replay videos.
The High Court considered an appeal by way of case stated brough by a 14-year-old who was found to have breached the terms of a civil injunction made under section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”). AM appealed on two grounds; that the Chief Constable failed to comply with the obligation to consult with the youth offending team (“the YOT”) and that the terms of the order were unclear. The Court rejected both grounds of appeal, finding on the facts that the contact between the police solicitor and the YOT before the hearing amounted to consultation, and that whilst the order could have been made clearer, there was no doubt AM was in breach.
The Solicitor General appealed against the imposition of a youth rehabilitation order for a 15-year old convicted of wounding with intent. Dismissing the appeal, the Court of Appeal confirmed that when sentencing children, the court should not approach children as ‘cut-down’ versions of adults and, in the particular circumstances of this serious case, a non-custodial sentence was just within the range of appropriate orders. The case demonstrates the impact that a detailed Pre-Sentence Report can have.
This report of HMICFRS examines key data on the use of stop and search by police and investigates the implicit bias that may underpin the use of this power. The report lays out the disproportionality that exists in police treatment of BAME people compared to White people, placing the onus on police to provide evidence-based explanations for the discrepancies observed and to better monitor, train and educate officers around this topic.
In this case the Court of Appeal upheld a Crown Court judge's decision to make an excepting direction allowing the reporting of a child defendant's in relation to a murder conviction at the conclusion of the proceedings. The judgment shows the reluctance of the higher courts to interfere with a balancing exercise carried out by Crown Court Judges where the reasoning cannot be said to be wrong in law.
Join us to hear from leading experts from across the globe on how they have developed tools to confront discrimination in order to represent children better. Our call to action is defeating discrimination for children in the youth justice system.
In this case the Court of Appeal rejected the Solicitor General’s application that a sentence of 7 years and 6 months for manslaughter was unduly lenient. This decision provides useful guidance regarding the process of sentencing children for very serious offences.
A cross-party inquiry into the Criminal Cases Review Commission, the public body with statutory responsibility for investigating alleged miscarriages of justice, has set out its concerns about the severe effects of wrongful imprisonment and undue delay on children and young people.
This article in the Criminal Law Review describes the growing legal consensus that young adults are a distinct group who require a distinct approach to sentencing, as shown by the emerging caselaw and guidance from the Sentencing Council.
