AYJ Explains: Police, Crime, Sentencing and Courts Bill - Community Sentences
Clause 135 of the Police, Crime, Sentencing and Courts (PCSC) Bill proposes reforms to community sentencing. Here, the AYJ examines these reforms and sets out our recommendations.
A. The Bill is proposing reforms to community sentences for children, meaning an expansion of Electronic Monitoring (EM) (‘tagging’), and extensions to Intensive Supervision and Surveillance provisions (high-intensity community-based surveillance).
A. This expansion of community sentencing has a focus on increasing surveillance and restrictions rather than on better responding to children’s needs and addressing root causes of offending behaviour. These restrictive community sentences will also likely lead to more children being further criminalised through breaches. This may disproportionately impact some groups of children due to the over-policing of their communities, and if there is discrimination in enforcement and decisions around breach proceedings this will entrench existing inequalities.
The expansion of Electronic Monitoring (EM) of children is particularly concerning. Electronic Monitoring is a form of deprivation of liberty and high scrutiny should be applied when placing these requirements on children. AYJ members, such as the Association of YOT Managers , have also reported difficulties for children in managing their tag, such as that for children involved in organised crime the fear of their exploiter exceeds their fear of breaching tag requirements, and that tags may effectively trap children in unsafe areas, for example where their exploiter is. The presence of a tag does not deter an exploiter as only the child is impacted by a breach.
A. Although we have reservations about “toughening” up community sentences for children, if the government’s stated intention is realised - that tougher community sentences will see reduced numbers of children sent to custody - this would of course be preferable to custody. Without this, the reforms are simply punitive. We are therefore very concerned that the Bill’s Impact Assessments cannot confirm any degree to which these ‘high-end’ community sentences will be used instead of custody. Provisions should be introduced for a timely review of the impact of electronic monitoring requirements on children. To bring about a truly radical approach to sentencing, further provisions and funding for systems, services and support focused positive long-term outcomes that enable children involved with the youth justice system to reach their full potential.
For more information on community sentencing or other measures in the Police, Crime, Sentencing and Courts Bill, read our full briefing here.