Aylesbury MP launches bill for all child offenders to be treated as children by the courts

It will ensure young people are always dealt with in the youth court and receive a youth sentence.

Author: Lauren WattPublished 23rd Feb 2021

MP Rob Butler, is introducing the Bill to Parliament today to ensure young people who commit crimes before they're 18 are always dealt with in the youth court and receive a youth sentence.

The justice system currently treats a defendant based on their age at the time they first appear in court and enter a plea.

This means if someone commits an offence aged under 18, but doesn't get to court until after their 18th Birthday they're treated as an adult.

Youth Courts can also sentence a young person to a referral order, which focuses on rehabilitation and reparation, and doesn't carry a criminal record.

Under 18's are supported by Youth Offending Teams which doesn't apply once they turn 18 and appear in an adult court.

Delays in cases going to court have been worse recently due to the pandemic and the use of Release Under Investigation.

Rob said:

“The arbitrary cut-off date of a young person’s 18th birthday immediately affects both the type of court that deals with them and the range of sentences available. But there can then be a longer-lasting impact on the chance of rehabilitation, the likelihood of getting a job and the prospect of forever having to disclose a mistake from the past due to the rules on criminal records.

“It is totally unfair to punish young people for the setting of a court date over which they have no control. It is no exaggeration to say the consequences can last a lifetime”

The Bill is co-sponsored by the Chairman of the Justice Select Committee and the senior opposition member of the Committee, as well as other former justice and children’s ministers and opposition spokespeople.

Rob added:

“This would be a relatively simple change to make in legislation as in many respects, it does no more than correct an anomaly. But for those affected, its impact would be profound, as it would enable young people to put their mistakes behind them and make a constructive contribution to our society. It would put more emphasis on preventing reoffending, and mean a fairer, more just system.”

The proposals in the Bill are also supported by a wide variety of children’s and justice organisations.