Young people transitioning into adulthood in the justice system left at risk by substantial drop off in support - Evidence Review

The ‘cliff edge’ faced by young people transitioning into adulthood in the criminal justice system is laid bare in a report published today.

While turning 18 legally designates young people as ‘adults’, maturation continues well beyond 18, into at least the mid-twenties. For children in contact with the criminal justice system, the evidence review highlights a steep cliff edge at 18, during which support drops off, exacerbating vulnerabilities and leaving young people at risk of continued involvement in crime. Racially minoritised young people, girls and young women, young people with care experience, and neurodiverse young people face significant structural disadvantages and particularly destabilising transitions.

The evidence review is published as part of a three-year project funded by Barrow Cadbury Trust, exploring the experiences of young people transitioning into adulthood whilst in contact with the criminal justice system. The review examines the policy context and evidence on transitions via the lens of three thematic areas that will be focused on throughout the project: racial injustice, safeguarding young people at risk, and custody.

The review finds:

Young people in transition in custody:

The difference between the children’s estate and the adult estate is stark and unsettling for the young people in transition. Outcomes for young adults in custody are very concerning and there is little, if any, distinction between their treatment and older adults. 

Harsher sentencing of older children means an increasing proportion of children in custody are likely to face this transition and spend significant time in the adult estate. It is unclear how these young people are being prepared or their development supported. 

Young people aren’t being transferred into establishments depending on where their needs can best be met, and as transfers occur key information may be lost. Particular difficulties are faced around resettlement for young adults who entered custody as children.

There is no rationale behind the current make up of the estate, and a lot to be learnt from different approaches used and piloted domestically and abroad. Whatever form of custody young people transitioning into adulthood are held in, enhanced and tailored support is needed. 

Safeguarding young people at risk:

Young people at risk of harms such as criminal exploitation are positioned between safeguarding and criminal justice systems, which are too often failing to recognise and appropriately respond to victimisation, particularly as children turn 18.

Neither the children’s nor adult’s safeguarding systems are built for the distinct needs of older children and young adults, and on turning 18 young people tend to see support withdrawn.

As children grow up perceptions shift from ‘victim’ to ‘perpetrator’. Young people coming to the attention of the justice system as a result of exploitation are being criminalised. The National Referral Mechanism and modern slavery legislation are often failing to protect victims from unfair prosecution.  

The gaps between child and adult safeguarding, and safeguarding and criminal justice systems, must be bridged to protect young people in transition. Transitional Safeguarding offers a solution. A shift in attitudes on criminal exploitation, like that previously seen around sexual exploitation, is necessary.

Racial injustice in transition:

Racial disparities in the justice system and wider society mean racially minoritised children are disproportionately likely to experience transition from youth to adult justice. Inequalities experienced in childhood mean they may be more likely to transition from a point of greater vulnerability, and can leave racially minoritised young adults facing barriers to desistance. 

Racially minoritised young people are less likely to be appropriately supported through the transition to adulthood due to adultification bias affecting perceptions of culpability and vulnerability; a lack of trust and confidence impacting engagement; and services lacking cultural competency and failing to offer suitable support. Racially minoritised young people may therefore see the effects of the cliff edge at 18 compounded.

The voluntary and community sector can bridge the gap between statutory services at 18, and Black and racially minoritised-led organisations are critical in ensuring specialist support is available. Much more needs to be done to facilitate their involvement.

The full evidence review and executive summary can be found here.

For more information please contact: info@ayj.org.uk