Young offenders who film assaults could face tougher punishments
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Version 0 of 1. Offenders who humiliate victims by filming or photographing assaults and posting the images online should receive more severe penalties, judges in youth courts have been told. However, early exposure to pornography, failure to attend school and being brought up in a family where there is criminal behaviour are to be considered mitigating factors, according to draft guidelines published by the Sentencing Council. The 90-page review of recommendations to judges and magistrates who deal with under-18s stresses the need to “avoid criminalising young people unnecessarily”. The review highlights the exploitation by young offenders of digital technology as aggravating behaviour that should result in a longer sentence, and comes a month after two teenage girls were convicted of the murder of Angela Wrightson at her home in Hartlepool. They recorded many of the details of their attack in pictures taken on their phones, which were then posted to Snapchat. According to the review, deliberate humiliation of a victim, including committing the offence in front of friends with the intention of causing additional distress, and circulating photos and videos afterwards on social media, renders the offence far more serious. “The recording and sharing of photographs and video footage has become increasingly common,” the Sentencing Council notes. “This sort of behaviour is often used to embarrass or humiliate the victim, and in some cases may be used as some form of blackmail. [This is] a serious aggravating feature.” The report goes on to explain that the primary purpose of the youth justice system “is to foster a sense of responsibility for others and promote reintegration into society, rather than to punish”. Guidelines for those on the bench are being updated for the “overarching principles” of youth justice, as well as for specific sexual and robbery offences committed by youngsters. “Offending by a young person is often a phase which passes fairly rapidly,” the draft proposals state, “and so the sentence should not result in the alienation of the young person from society if that can be avoided.” Judges and magistrates are advised to be alert to, among other considerations, the vulnerability of young people to self-harm, particularly within a custodial environment, and the “extent to which changes taking place during adolescence can lead to experimentation”. One background factor that those on the bench should take into account is “exposure to pornography or materials which are unsuitable for a person of the age of the offender”, the council says. The family history of the offender should also be considered when a sentence is being handed down, the guidelines state. “Unstable upbringing including, but not limited to, time spent [being] ‘looked after’, exposure to drug and alcohol abuse, lack of attendance at school, lack of familial presence or support, victim of neglect and/or abuse, exposure to familial criminal behaviour” are all deemed to be mitigating factors. The report refers to a recent investigation by the charity Barnardo’s about online grooming, which said: “In the past year, referrals solely concerning internet abuse have ranged from 20% of a worker’s caseload through 45% to 70% … We wouldn’t have received referrals like we do now, four years ago, such as picture sending, sexting, sexualised conversations with peers and adults, meeting a groomer following online conversations …” The chairman of the Sentencing Council, Lord Justice Treacy, said: “We want to ensure that young people who have committed offences are sentenced fairly and proportionately, with the primary aim of stopping them reoffending. These guidelines will help achieve this. No one wants young people turning into hardened adult criminals and sentencing must play its part in fostering a sense of responsibility and helping them reintegrate, rather than become alienated. “This consultation is open to anyone who would like to give their views on our proposals, from the general principles for sentencing youths to specific aggravating and mitigating factors.” The robbery and sexual offences guidelines include consideration of the physical and psychological harm caused to the victim in order to assess the seriousness of the offence. The Sentencing Council provides judges and magistrates with guidance to help ensure consistency of sentencing in courts throughout England and Wales. The consultation closes on 3 August. A Ministry of Justice spokesperson said: “This is a consultation by the independent Sentencing Council and no decisions have been made. “The Justice Secretary has been clear the youth justice system needs improvement and commissioned Charlie Taylor to undertake a review, which will be published later this year.” |