This report seeks to offer a contextual analysis of trends suggested by the latest available data on youth crime. By doing this, it facilitates an assessment of the treatment of children within the youth justice system and the extent to which the system takes adequate account of children’s rights, best interest and longer-term wellbeing. The report strongly advocates the adoption of a child first philosophy.
Since the implementation of legislation pertaining to the Coronavirus pandemic, the Youth Justice Legal Centre have provided regular updates following the ongoing releases of government legislation. This article addresses the further changes made by The Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 4) Regulations 2020, which came into force on 14 September 2020 and the guidance which was also published[i]. In particular, we outline the changes the amendments make to the Act and the Regulations in respect of its effect on children and young people.
The Court of Appeal reduced the appellant’s sentence on the basis that the alienation of a young person from society through an extended sentence should be avoided where possible.
The 2020 Regulations extend pre-trial custody time limits in the Crown Court to a maximum of 238 days, with the ultimate intention of easing the backlog of cases in the Crown Court as a result of the Coronavirus pandemic. However, the new limits – which apply to children and adults alike – may serve to unfairly remand innocent individuals in custody.
The Youth Justice and Criminal Evidence Act 1999 (Commencement No. 18) Order 2020 Section 28 of the Youth Justice and Criminal Evidence Act 1999 provides that where a witness’s video recorded interview has been admitted as their evidence in chief, the court may direct that any cross-examination and re-examination of the witness also be video […]
The Court of Appeal replaced the sentence of life detention for attempted murder imposed on a 16 year old (at the time of the offence) with a hospital and restriction order under section 37 and 41 of the Mental Health Act 1983 after fresh evidence was placed before the court that, at the time of the offence, the offender had been suffering from autistic spectrum disorder.
The Police Foundation have published the first phase of a strategic review of policing in England and Wales. It considers the nature of the public safety challenge including how people feel about crime and their perception of their own safety how this challenge has changed over recent years and how it might evolve over the next 20 years. The second phase of the review will be concluded in 2021 and will focus on how the police should respond to these challenges. In recognising that the public security challenge has changed and that the role of the police needs to be re-examined, the review could in time help to change the approach to policing young people.
The Sentencing Council have published guidelines on sentencing offenders with mental disorders, developmental disorders or neurological impairments.
Youth cautions as well as old, minor convictions will no longer be disclosed in criminal record checks following two new statutory instruments that have been laid before parliament in draft form.
