12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system

The government welcomes the recommendation, stating a whole-system approach for vulnerable children is already embedded in the youth justice system through multi-agency working and frameworks like SECURE STAIRS. The Ministry of Justice and YJB will continue to work with partners to build on this system.

The government recognizes the importance of out-of-court disposals in preventing children from entering the criminal justice system and welcomes the Committee's attention to this area.

The government agrees more data collection is needed and states the YJB has been collecting data on Community Resolutions and other informal outcomes with YOT intervention since April 2020. They will explore publishing this data once a full year of quality data has been collated, though they note limitations in the data's scope.

The government agrees more understanding is needed regarding out-of-court disposals, noting that the YJB's data collection work and previous evaluations will improve understanding, but it does not commit to commissioning a new national evaluation as recommended.

The government states that statutory guidance for youth out-of-court disposals already exists and is kept under review. The YJB has also published additional guidance, which is currently undergoing revision, and hosts a resource hub with best practice examples.

The government states it has no current plans to review YOT funding levels, rejecting the recommendation. However, it acknowledges the importance of pre-court diversionary work and mentions ongoing efforts to gather data and better understand such work through a YJB project.

NHS England and NHS Improvement welcome the recommendation and will consider the merits of undertaking a process evaluation of Youth Liaison and Diversion schemes. They are also developing plans to establish pathfinder areas to identify and promote good practice in 2021-22.

The government recognizes the importance of this issue and references the NHS Long Term Plan, which aims to expand mental health services to an additional 345,000 children and young people by 2023/24. The Ministry of Justice will work with partners to ensure children have access to needed support.

The government rejects the idea of reviewing the age of criminal responsibility, stating it has no current plans to do so and believes the current age of 10 is appropriate for children to differentiate between bad and serious wrongdoing.

The government rejects the recommendation to review the age of criminal responsibility, stating it has no plans to change it and believes children aged 10 and over can differentiate between bad and serious wrongdoing.

The government shares concerns about disproportionality and commits to understanding and tackling it, stating this is a mainstream responsibility with resources integrated throughout. They refer to existing data publications but do not commit to providing new detailed research or a specific breakdown of allocated resources.

The government agrees more data collection is needed and states the YJB has been collecting data on Community Resolutions and informal outcomes, including age, sex, and ethnicity, since April 2020. They will explore publishing this data once a full year of quality data is collated.

The government accepts disproportionality is a concern and commits to sharing the YJB's commissioned research findings on ethnic disproportionality in remand and sentencing, which aims to provide the requested explanation and data, once published. It notes judicial training on unconscious bias is under review and will continue to assess effective approaches to prevent bias in decision-making.

The government provides details on its ongoing review into the use of custodial remand for children, outlining an initial suite of recommendations focusing on data, practice, community provision, and disproportionality. Publication of the final report is planned for spring 2021.

The government accepts in principle that prison should not be used for mental health assessments and recognizes the need for a timely pathway to transfer people to healthcare settings. However, it states that significant further work is needed before legislative change can be introduced and does not provide the requested data on children sent to custody.

The government rejects a review of sentencing options for first-time offenders, stating that Referral Orders already provide an effective tool and are more effective at reducing reoffending than Youth Rehabilitation Orders. It does not believe there is evidence to warrant a review.

The government is aware of the value of feedback loops and will explore problem-solving approaches in the youth justice system, including building an evidence base for wider use of panels. It notes that feedback loops already exist for Referral Orders and through innovative local arrangements, and is actively considering how to best support these approaches.

The government provides data on youth outstanding cases up to June 2020 and details the work of the Youth Justice Working Group, established to reduce COVID-19 delays and backlogs. It reports that recovery plans have enabled youth courts to conclude more cases than received since July 2020.

The government rejects legislating to automatically deal with those who turn 18 in the youth justice system, arguing that age and maturity are already considered in sentencing and that efforts are underway to clear court backlogs and prioritise youth cases.

The government recognizes the importance of supporting children in the justice system. It is considering the feasibility of Law Commission recommendations on intermediaries for defendants and highlights existing support for children provided by YOTs and YJB guidance.

The government is currently considering the feasibility of extending the Registered Intermediary Scheme to vulnerable child defendants as part of a review of intermediary provision. It states that Youth Offending Teams currently support all children throughout the criminal justice process with robust guidance.

The government states that direct recruitment to the youth magistracy has been considered but not pursued due to insufficient caseload, though they will continue to explore its benefits. They are aware of peer advocates working with YOTs but do not commit to enabling an increased role in the youth court system.

The government provides youth outstanding case data up to June 2020 but notes that official statistics post-June 2020 and 2019-2020 timeliness statistics are unavailable due to the pandemic. It details work by the Youth Justice Working Group to address backlogs, stating that youth courts have concluded more cases than received since July 2020.

The government provided a table of outstanding youth cases in magistrates’ and Crown Courts from January to June 2020. They also detailed steps being taken, including a Youth Justice Working Group and recovery plans, which have led to youth courts concluding more cases than received since July 2020.

The government highlights existing guidance and arrangements for remote hearings to support parties. It confirms that the Ministry of Justice and HMCTS are conducting an evaluation of remote hearing impacts, with findings due in spring 2021, and are working to address COVID-19 backlogs in youth courts.