Details
A report by Alliance for Youth Justice examines how young people who were criminally exploited as children experience a critical transition at age 18 – moving from recognition as vulnerable victims requiring safeguarding to treatment as culpable offenders, despite their continued exploitation.
As the Crime and Policing Bill makes its way through Parliament, it introduces a new standalone offence of child criminal exploitation (CCE). Although not defined by statute, CCE covers forms of child abuse where a child is used or manipulated into criminal activity.
Understanding the vulnerabilities faced by children and young people experiencing CCE, the AYJ report examines the criminal justice system's response as victims turn 18, and explores how the proposed new CCE offence interacts with this critical transition. Drawing on insights from legal practitioners, safeguarding managers, academics and young people, the report finds that:
- The stark contrast from victimhood to perpetrator upon turning 18 is an artificial binary which does not reflect human behavioural and cognitive changes, and reinforces the lack of support and funding in this area.
- A ‘cliff edge’ (page 12) exists for support services at age 18, where safeguarding frameworks and support services often end.
- Upon turning 18, young people who were once seen as victims are now seen as lacking the vulnerabilities they previously had. Any CCE activity committed by a young person is no longer considered a by-product of their vulnerability.
- The mechanisms to spot and support victims of CCE are fragmented, and lack national mandate and funding. This often means young people are less likely to be classified as vulnerable to exploitation.
- A statutory definition of CCE, embedded trauma-informed approaches to exploited young people and improved data collection and reporting on CCE must be implemented to address the vulnerabilities of children as they transition to legally defined adulthood.
‘A 17 year old and 18 year old out together, both with Class A drugs in their pockets, and suddenly one of them is exploited and one of them is the exploiter’.
Commentary
The implications for children and young people affected by CCE are that their trauma, despite significantly impacting their daily lives and opportunities, is not met with appropriate understanding or protection. This increases the risk of continued offending, particularly where young people persist in behaviours that, while constituting CCE offences, have become normalised as necessary aspects of their lives.
Of particular concern are children and young people identified as gang-affiliated, those with care experience, and those experiencing mental health difficulties. These groups are disproportionately represented within the youth justice system and face substantially greater risk of exposure to and involvement in CCE-based behaviours largely due to structural disadvantages.
Legal practitioners should be particularly alert to identifying these vulnerabilities and frame their advice and legal arguments around the changing perceptions young people face as they transition to adulthood within the legal system. Young people consistently report that their experiences as victims are misrepresented or misunderstood during youth justice interactions, which further undermines their willingness and ability to disclose their exploitation.
‘The prevailing narrative tends to focus on the young adult as the cause of harm, rather than recognising the harm being caused to them’.
‘Once there is evidence that a young person may be involved in exploiting others, any prior recognition of their victim status is often disregarded. The system defaults to prosecuting them solely as perpetrators, without accounting for the coercion and manipulation they may still be experiencing.’