Changes to Sentencing Children

Changes to Sentencing Children Date: October 18, 2023 Presented by: Kate Aubrey-Johnson (Garden Court Chambers) Youth Sentencing - Sentencing Of Children - "The approach to youth sentencing is distinct from adults and focuses on the statutory aim of preventing offending by children and on the welfare of the child.' - Youth justice system reductions in first-time entrants (fallen by 85% over the past decade) and numbers of children sentenced to custody has fallen below 800 (2019/2020). In August 2020, 571 children in the secure estate. (Youth custody report: August 2020, Youth Custody Service) - Custody is a last resort' for children. - Commitment to 'a justice system that keeps people safe, as well as one which the public understand and have confidence in.' Child Sentencing - The Challenges  Frequently worse outcomes for children who are from Black, Asian and other Minority Ethnic (BAME) backgrounds (annex A)  Injustice and unfairness for children turning 18 between commission of the offence and date of conviction  High reoffending rates for children as compared to adults  Poor track record on resettlement. (Youth custody report: August 2020, Youth Custody Service)  Rising levels of children on remand, 1/3 of all children in custody are on remand, 2/3 do not receive a custodial sentence BAME Disproportionality Source: Youth custody report: August 2020, Youth Custody Service Unchanged, Ongoing - Out of court disposals (community resolution, youth caution, youth conditional caution), pilot of deferred prosecution - Referral orders - DTOs cannot be imposed on 10 -11 year olds, and 12-14 year olds unless they are persistent offenders - Secure schools in pipeline for opening a secure school in Medway in 2022 (charitable purpose) Main Legislative Proposals - Custodial Sentences  Changes to detention and training orders (DTOs) - making DTOs 'simpler and fairer', removal of prescribed lengths (4, 6, 8, 10, 12, 18, 24 months), removal of fixed structure of serving half in custody/half in the community with sentencer able to better take into account time on remand. [293-304]  Move automatic release point to two-thirds (currently half way) for any child receiving a determinate sentence of 7 years or more for serious sex offences (max penalty of life) and the most serious violent offences (at murder, soliciting murder, manslaughter). [305-308]  Changes to tariff starting points for discretionary life sentences - 2/3 rather than halving equivalent determinate sentence to determine tariff [309-315]  Changes to tariff starting points for murder - currently 12 years starting point for all under 18-year-olds, introduces different starting points for 10–14-year-olds (8-15 years); 15–17-year-olds (10-20 years). [316-326]  Reduce the number of tariff reviews for under 18-year-olds to one at the half way point. (children only eligible for subsequent reviews until turn 18). [327-331] Main Legislative Proposals - Tougher Community Sentences - Making youth rehabilitation orders a more robust alternative to custody [333-362]  Increase flexibility of curfews - currently up to 16 hours per day, will be more flexible - up to 20 hours. Max 112 days per week.  Introduce a location monitoring requirement (GPS tagging) YOTs responsible for electronic monitoring and breaches  Intensive Supervision and Surveillance - (max length extended activity requirement increased from 6 months to 12 months, mandatory location monitoring - pilot)  - Intensive Fostering Abolishing Reparation orders [363-367 Main Legislative Proposals - Raising The Threshold For Custodial Remand - Amending the test for remand to Youth Detention Accommodation (s 98 and s 99 LASPO 2012) - to ensure custodial remand is only used where absolutely necessary [368-388] - S 98- 'Offence condition' (serious offence, necessary to protect the public/further imprisonable offences) 1. Add strengthened 'real prospect' test. 2. Require court to give reasons - S 99- 'History condition' (prospect of a custodial sentence, history of absconding/offending). 1. Strengthen 'real prospect' test ('there is a real prospect that the child will be sentenced to a custodial sentence') 2. Reforming the 'history condition' - so only a recent and significant history of breach or serious offending while on bail can result in custodial remand. 3. Require court to give reasons Main Legislative Proposals - Criminal Record Reform Proposal for new rehabilitation periods [250-272] Sentence Youth Rehabilitation Order Adults Under 18s N/A The last day on which the order has effect Custody of 1 year or less 1 year 6 months Custody of more than 1 year and up to 44 years 2 years years Custody of more than 4 years* 7 years 3.5 years * Excluding serious sexual, violent or terrorist offences that continue never to be spent Conclusion  It is of concern that this is a departure from the principle of a 'distinct approach to sentencing children'  Evidential deficit  Will increase the number of children in custody  Will not address re-offending  Will not reduce BAME disproportionality  Positive developments - changes to remand, ensuring youth rehabilitation orders are a robust alternative to custody, changes to criminal records.