An unsuccessful AG reference demonstrates that departing from sentencing guidelines should be rare
The Court of Appeal refused to refer sentences as unduly lenient of 3 child defendants convicted of manslaughter of a police officer.
The ‘cliff edge’ of turning 18 and disparity of sentences with younger co-defendants
A Court of Appeal case on turning 18 and disparity of sentence with younger co-defendants
Unicef (UK): A Rights-Based Analysis of Youth Justice in the UK
Unicef (UK) has published its report and recommendations following an extensive study into the youth criminal justice system across the United Kingdom (and Jersey).
AG Reference: A timely warning on the problems caused by delay for child defendants, the ‘cliff edge’ of turning 18 and uncertainty in sentencing
The Attorney General sought leave to appeal as unduly lenient a sentence of a two year Community Order with a 200 hour unpaid work requirement which was passed by a Crown Court following a young person’s (KM) conviction for an offence of aggravated burglary committed when he was 16. The Court of Appeal granted leave and upheld the appeal, increasing the sentence to one of three and a half years’ detention in a young offender institution.
New Sentencing Guidelines for Firearms Offences Published
The Sentencing Council has published eight new guidelines to be used by the Courts in England and Wales when sentencing firearms offences under the Firearms Act 1968.
Sentencing Guidance: Some clarity on the sequence to be adopted when applying a reduction for a guilty plea and youth when calculating the length of a custodial sentence
The Court of Appeal held that a sentence of three years and ten months for a robbery in which a knife and an imitation firearm were produced was not manifestly excessive. While the appeal was dismissed, it provided the Court of Appeal with the opportunity to clarify the sequence in which the sentencing judge should apply a reduction in sentence to reflect the offender’s youth and immaturity and any guilty plea.
Child arrests in England and Wales 2019 – should we be concerned by the increase?
The Howard League for Penal Reform recently published its annual briefing on child arrests in England and Wales, which analyses the data on child arrests in 2019. Analysis of the 2019 figures showed a slight rise, resulting overall in a 2% increase in child arrests nationally.
The state of the youth justice system in Northern Ireland: Northern Ireland Audit Office’s follow up Review on Managing Children Who Offend shows development but also room for improvement
In 2017, the Northern Ireland National Audit Office published a report on the NI youth justice system entitled 'Managing children who offend'. In this follow up report they focus on the progress made by the Department for Justice and Youth Justice Agency since 2017.
Sending Children to the Crown Court for Trial – particular considerations in the context of the pandemic
Judicial guidance has been issued in respect of the allocation exercise for cases in the youth court during the Covid-19 emergency
The Sentencing Council’s Sentencing Children and Young People Definitive Guideline – has it achieved its aims?
The Sentencing Council recently published a report assessing the impact of the Sentencing Children and Young People Definitive Guideline (“the Guideline”). The Guideline came into force on 1 June 2017 to replace the previous guidance, Overarching Principles: Sentencing Youths.
Stop and Search: House of Commons Briefing Paper highlights the inadequacies of this police power
This Commons Library briefing provides an overview of the current police stop and search powers, outlines evidence which has been gathered to measure the effectiveness of these powers at reducing and detecting crime and sets out a brief history of recent stop and search reforms. Whilst the report does not specifically deal with the impact of this power on children, it is clearly a police practice which affects them significantly.