12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system
Select Committee
Justice Committee
HC 306
12 November 2020
Government response
9th Special Report - Children and Young People in Custody (Part 1): Entry into the youth justice system: Government Response to Committee’s Twelfth Report of Session 2019–21 · published 10 Feb 2021
Recommendations & Conclusions
5 results
6
Recommendation
Rejected
There is significant support for diversion and demand for informal, non-statutory services.
Recommendation
There is significant support for diversion and demand for informal, non-statutory services. For diversion schemes to function well, they need to be sufficiently funded. Investment in upstream service provision should be prioritised. We recommend that the Ministry of Justice work …
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Government Response Summary
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.
Ministry of Justice
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9
Conclusion
Rejected
Para 64
The age of criminal responsibility in England and Wales is a contentious issue with substantial...
Conclusion
The age of criminal responsibility in England and Wales is a contentious issue with substantial arguments in favour both of the status quo age of 10 and an increase in that age. We are not persuaded that it should be …
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Government Response Summary
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.
Ministry of Justice
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10
Recommendation
Rejected
We recommend that the Ministry review the age of criminal responsibility, considering the data available...
Recommendation
We recommend that the Ministry review the age of criminal responsibility, considering the data available from Scotland and from broadly comparable European and other jurisdictions in which the age is higher than 10 at which it stands in England and …
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Government Response Summary
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.
Ministry of Justice
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16
Recommendation
Rejected
Referral Orders may be appropriate in some circumstances, but there appears to be consensus that...
Recommendation
Referral Orders may be appropriate in some circumstances, but there appears to be consensus that more flexible sentencing options would be beneficial. We recommend that the Ministry of Justice review current sentencing options for children with a view to introducing …
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Government Response Summary
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.
Ministry of Justice
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19
Recommendation
Rejected
Para 116
Under the principle that punishments should fit crimes, we are concerned that children who turn...
Recommendation
Under the principle that punishments should fit crimes, we are concerned that children who turn 18 while waiting for proceedings against them to begin are then dealt with and sentenced as adults. In particular, this is alarming when it happens …
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Government Response Summary
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.
Ministry of Justice
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