Need to know: youth justice law for criminal practitioners
The article outlines key considerations for criminal practitioners representing children within the justice system, emphasising crucial principles to protect their vulnerabilities. Children in England and Wales become criminally liable at age ten, but their treatment in criminal proceedings differs significantly from adults. The article highlights several key areas of focus:
- Child First Approach: the Youth Justice Board (YJB) adopted a “Child First” approach in 2021, focusing on viewing children as children first, a stance reinforced by the Crown Prosecution Service and the Metropolitan Police Service. Central to this approach is diverting children away from courts, when possible, to prevent unnecessary prosecutions and criminalisation.
- Exploitation: practitioners should be alert to identifying instances of children's criminal exploitation to ensure proper defence and protection.
- Diversion, out-of-court disposals and criminal records: the Child First philosophy advocates diverting children from court through out-of-court disposals (OoCDs), such as restorative justice and youth cautions, to reduce criminalisation and promote rehabilitation. While OoCDs prevent formal convictions, they are recorded and can affect future disclosures. As a criminal lawyer, it's essential to be aware of these options and their implications.
- Effective participation: modification of court procedures may be required to facilitate children’s effective participation in trials, including the use of accessible language, reasonable adjustments to accommodate their needs and safeguarding their welfare throughout the trial process.
- Sentencing: the focus must be on rehabilitation and reintegration, with custodial sentences considered a last resort.
Commentary
Overall, criminal practitioners need specialised knowledge to navigate the unique legal landscape affecting children in the criminal legal system, ensuring they receive fair treatment and outcomes tailored to their specific needs.
Written by
Fabio Pazzini, Associate, Paul Hastings LLP