Tag: Youth Justice

This Bill proposes significant change across the criminal justice system, including how children and young people are sentenced and how they are managed in the community. Whilst in some areas the Bill's proposals represent progress for children caught up in the criminal justice system, many practitioners are concerned that if passed in its current form the new measures may lead to increased numbers of children in custody and exacerbate existing disparities and injustices.

The Joint Interim Interview Protocol (JIIP) between the Police, CPS and lawyers is intended to assist investigators and prosecutors in deciding whether suspects should be interviewed as part of a police investigation during the Covid-19 pandemic. It is regularly reviewed, and the latest version is effective from 17 May 2021. The latest guidance is the first phase of an aspiration to withdraw the protocol as national restrictions are eased and as such it will no longer apply where the suspect is aged under 18 or is a vulnerable adult.

On 7 April 2021, the Ministry of Justice (MOJ) published its response to the consultation on remuneration for pre-charge engagement. The consultation followed the recent update to the Attorney General’s Guidelines on Disclosure which recommended that pre-charge engagement between the prosecution and the defence may be appropriate in some cases. Whilst this work is clearly beneficial to the effective operation of the criminal justice system, it is not remunerated under the current Criminal Legal Aid scheme. The consultation sought views on the government’s proposed approach to remedy this. The Crime Contract Amendments come into force on 7 June 2021 and allow agreed pre-charge engagement work to be charged at the hourly rates set out in the Criminal Remuneration Regulations.

The Solicitor General appealed against the imposition of a youth rehabilitation order for a 15-year old convicted of wounding with intent. Dismissing the appeal, the Court of Appeal confirmed that when sentencing children, the court should not approach children as ‘cut-down’ versions of adults and, in the particular circumstances of this serious case, a non-custodial sentence was just within the range of appropriate orders. The case demonstrates the impact that a detailed Pre-Sentence Report can have.

The Government have published their response to the Justice Committee Report 'Children and Young People in Custody (Part 1): Entry into the youth justice system' recognising the need for a whole system approach and better understanding of out-of-court disposals and disproportionality within the youth justice system but radical change remains unlikely.

This briefing analyses the inequities that arise for children who turn 18 between offence and prosecution and makes proposals for policy and practice reform.

This guide will help practitioners navigate the different rules, regimes and principles that apply to those who are turning 18 in the criminal justice system.

Legislative change due to the coronavirus pandemic is having a significant impact on children in the criminal justice system. Delayed hearings, the use of video link and the potential extension of custody time limits is deeply worrying for children on remand, those with participation issues and those who are soon turning 18.

The CPS have issued new interim guidance on the application of the public interest test during the coronavirus pandemic. This guidance should be considered when assessing whether it is in the public interest to prosecute a child.

The Committee on the Rights of the Child (CRC) have released a statement warning of the grave physical, emotional and psychological effect of the COVID-19 pandemic on children globally.

A number of new criminal offences and police powers affecting children have been created by the Coronavirus Act 2020 and the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

The current Coronavirus pandemic has significant implications for children in  youth justice system.  Just for Kids Law, Children's Rights Alliance for England and the Youth Justice Legal Centre have written to the Home Office setting out our concerns about children coming into contact with the police during this period.