26th February 2025
The National Police Chief’s Council has updated the Child Gravity Matrix, a triage tool for decision makers in relation to children and young people. The changes to the 60 page document, which replaced the ACPO Gravity Matrix (2013), are highlighted below. The Matrix continues to be an invaluable tool for decision-makers in cases relating to children and young people under 18; it is well worth advocates being familiar with the document and being able to refer to specific relevant parts where decisions appear not to have taken the guidance into account.
Details
The key changes are as follows:
- The update includes that out of court disposals can and should be considered for traffic offences, having considered the particular circumstances of each case. It also clarifies that where a Youth Conditional Caution has been issued for a non-recordable traffic related offence, this will not appear on PNC (it will instead only be available to local force systems and potentially the Police National Database).
- A new Child Information Form (‘CIF’) has been introduced, replacing the ‘First Time Entrant’ and ‘10 Point Looked After Children’ checklists for looked after children. The completion of this form is now mandatory (as of 1st February 2025) when sending cases to the CPS for a decision. The form consolidates the information provided by the agencies involved in the child’s life, including the police and aims to create a more streamlined process in terms of obtaining and providing information about the child.
- Clarifies joint decision making should take place between the YJS and Police, particularly where a case is considered to be borderline between a prosecution and an out of court disposal. However, the ultimate decision rests with the police.
- Includes reference to the Youth Justice Board Strategy 2024-2027, confirming acknowledgement and adherence to the Child First vision, now coupled with a commitment to child-centred policing as per the NPCC strategy published in 2024.
- The Police Race Action plan is also now referenced, with its aims to address both the disparities affecting black people and the “lower levels of trust and confidence in the police from some black people”.
- Changes to the offences table (page 12). Remorse and regret no longer appear as aggravating and mitigating factors – although it is noted that the table is by no means exhaustive, and there is discretion to include other aggravating and mitigating factors on a case by case basis. This ais in line with neuroscience and the understanding that children’s brains are still developing, meaning that expressions of remorse are more difficult for them.
Commentary
The updates to the Gravity Matrix introduce limited improvements on the previous document. While inclusion of various strategies in the pre-amble is a positive step, much of the document remains unchanged. For instance, it remains the case that where the police lack information about a young person’s background in determining vulnerability in line with the ‘vulnerability factor table’ (page 13), they are not required to contact the YJS and therefore can continue to make decisions about prosecution without being fully apprised of the child’s situation. In addition, the rigid policy in relation to domestic abuse and hate crime offences remains in place: the police cannot make a decision to take no further action on public interest grounds where the evidential test is met, leaving many children vulnerable to prosecution for offences that would otherwise be met with other disposals (such as fights among siblings, etc.).
It is hoped that the introduction of the new CIF will bring about some positive change and enable the multiple agencies often involved in a looked after child’s life to seamlessly exchange information and engage with each other at an early stage, thereby ensuring that consideration is given to each particular child’s circumstances and working towards reducing the over-criminalisation of looked after children. As the form has only been mandatory since 1st February, the impact of it remains to be seen.
Despite its shortcomings, the Matrix continues to be an important tool, consolidating a number of principles in charging decisions in an attempt at achieving some parity. Those representing children and young people should remember that it is not designed to be applied rigidly; discretion remains and is vital to any child-centred policy. Decisions should be made with appropriate consideration of the child’s circumstances in every case and therefore an element of flexibility is expected. Where it appears that a decision-maker has incorrectly applied the Matrix, or failed to take into account the child’s particular characteristics, practitioners should be ready and able to challenge those decisions with reference to the document, both in challenging decisions to prosecute, representations post-charge and beyond.
Written by
Violet Smart, Doughty Street Chambers