AYJ Explains: Police, Crime, Sentencing and Courts Bill - Turning 18
The Police, Crime, Sentencing and Courts (PCSC) Bill fails to address burning injustices in our youth justice system caused when a child turns 18. Here, the AYJ sets out recommendations to improve the Bill and ensure children are treated as children.
A. There has been a concerning trend in the government narrative towards harsher treatment of older children in contact with the law, which is now being ingrained in this bill, with clauses which inappropriately brings older children’s sentencing closer in line with adults.
The Bill also fails to tackle a burning injustice in our youth justice system. That is, the increasing number of children who are alleged to have committed an offence as a child but do not have their cases heard until after their 18th birthday and are therefore dealt with and sentenced as adults. This is mostly caused by delays to justice, already growing in recent years and greatly exacerbated by COVID-19, and is subject to a postcode lottery, with severe consequences.
A. According to domestic legislation, the principal aim of youth justice must be to prevent offending. The UN Committee on the Rights of the Child also states that “in keeping with the developmental and neuroscience evidence that shows that brain development continues into the early twenties”, the application of the youth justice system should be allowed to young people aged 18 and over.
All evidence on development points to the need for a more nuanced approach to sentencing for those aged 18-25, to bring it closer in line with sentencing for children, not the other way around. Treating older children like adults and subjecting them to long custodial sentences at such a young age is extremely damaging to the hope and motivation children have for change.
A. Punitive provisions bringing sentencing for older children closer in line with adults must be removed from the Bill. While provisions must be introduced to the Bill to address the injustice of children being sentenced after their 18th birthday.
The youth justice system rightly aims to recognise the maturity and needs of children who are accused of committing crimes and respond appropriately. Addressing this injustice for those who turn 18 while awaiting their day in court would allow for fairer, more equitable, and age-appropriate justice. It is a common-sense legislative change that is called for by the UN Committee on the Rights of the Child and has strong backing across parliament and the youth justice sector.
There are also multiple simple amendments which could be added to the Bill, as recommended by AYJ members including Just for Kids Law, which address some of the main issues that arise for those who turn 18 and would make a big difference to these young people in the short term. These include:
amending criminal records (see more here)
allowing courts to restrict reporting on those who were under 18 when the offense occurred, rather than only being able to preserve anonymity for those under 18 when proceedings commence (amending Section 45A Youth Justice and Criminal Evidence Act 1999)
strengthening Sentencing Guideline wording on dealing with those who have passed an age threshold and/or placing it on a legal footing
For more information on turning 18 or for other measures in the Police, Crime, Sentencing and Courts Bill, read our full briefing here.