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| Children in handcuffs: a month reporting from youth court | Children in handcuffs: a month reporting from youth court |
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| Straining to hear the judge from behind the bulletproof glass in the dock of court one, the 16-year-old pleaded guilty to a crime with the hallmarks of being committed by a child. He had burgled a McDonald’s and been caught by police helping himself to a McFlurry. The other charges, all admitted, were less innocent: 12 sexual assaults, molesting younger girls from his school and youth club – “you’ve got big breasts for a year 8,” he told one – and groping a shopkeeper who had spotted him trying to steal another ice-cream. | Straining to hear the judge from behind the bulletproof glass in the dock of court one, the 16-year-old pleaded guilty to a crime with the hallmarks of being committed by a child. He had burgled a McDonald’s and been caught by police helping himself to a McFlurry. The other charges, all admitted, were less innocent: 12 sexual assaults, molesting younger girls from his school and youth club – “you’ve got big breasts for a year 8,” he told one – and groping a shopkeeper who had spotted him trying to steal another ice-cream. |
| Youth court system in 'chaos', says children's commissioner | Youth court system in 'chaos', says children's commissioner |
| His lawyer stood up to address the court. There were mitigating circumstances, he told the district judge. His client had learning difficulties and was “some years behind his chronological age”. Last Christmas he was sectioned for a month with psychosis and had since been taking olanzapine, a drug for schizophrenia. The boy scarcely remembered the assaults: perhaps because he had also been smoking cannabis and the highly addictive formerly legal high spice. | His lawyer stood up to address the court. There were mitigating circumstances, he told the district judge. His client had learning difficulties and was “some years behind his chronological age”. Last Christmas he was sectioned for a month with psychosis and had since been taking olanzapine, a drug for schizophrenia. The boy scarcely remembered the assaults: perhaps because he had also been smoking cannabis and the highly addictive formerly legal high spice. |
| The lawyer pleaded for the boy to not be sent to jail: “We are all aware of the effects on young men, particularly vulnerable young men, when they are in custody with older boys.” It was then for the judge to decide whether the boy should be kept off the streets and sent to prison, where statistics show he would have a 71.6% chance of reoffending after mixing with the worst-behaved boys in the north of England, or rehabilitated in the community. How best should a half-hour court hearing address the problems of a child with such complex needs? | The lawyer pleaded for the boy to not be sent to jail: “We are all aware of the effects on young men, particularly vulnerable young men, when they are in custody with older boys.” It was then for the judge to decide whether the boy should be kept off the streets and sent to prison, where statistics show he would have a 71.6% chance of reoffending after mixing with the worst-behaved boys in the north of England, or rehabilitated in the community. How best should a half-hour court hearing address the problems of a child with such complex needs? |
| That question matters to everyone. But every day in youth courts across England and Wales, the fate of some of the most vulnerable – and occasionally dangerous – children in society is decided behind closed doors. The public are not allowed in, even those who accuse these young defendants of robbing, assaulting or defrauding them. Journalists rarely visit, deterred by reporting restrictions banning the identification of the young people involved. | That question matters to everyone. But every day in youth courts across England and Wales, the fate of some of the most vulnerable – and occasionally dangerous – children in society is decided behind closed doors. The public are not allowed in, even those who accuse these young defendants of robbing, assaulting or defrauding them. Journalists rarely visit, deterred by reporting restrictions banning the identification of the young people involved. |
| How do youth courts in England and Wales function? | How do youth courts in England and Wales function? |
| Yet the secrecy surrounding these courts masks what the children’s commissioner, Anne Longfield, derides as a “chaotic and dysfunctional” system – an environment she believes is actively child unfriendly, which fails to rehabilitate so many of the young people who pass through it. | Yet the secrecy surrounding these courts masks what the children’s commissioner, Anne Longfield, derides as a “chaotic and dysfunctional” system – an environment she believes is actively child unfriendly, which fails to rehabilitate so many of the young people who pass through it. |
| There has been a dramatic fall in the number of children who end up in the criminal justice system, as the police and youth offending services have increasingly sought to deal informally with minor offending by children: 26,881 children aged 10-17 received a caution or conviction in England and Wales in 2018 compared with 225,000 in 2007, an 88% drop. | There has been a dramatic fall in the number of children who end up in the criminal justice system, as the police and youth offending services have increasingly sought to deal informally with minor offending by children: 26,881 children aged 10-17 received a caution or conviction in England and Wales in 2018 compared with 225,000 in 2007, an 88% drop. |
| But among this diminished cohort, children from minority ethnic backgrounds are disproportionately likely to end up in court and custody and are four times more likely than white children to be arrested, according to the latest youth justice report. Looked-after children are also vastly overrepresented, with those in care 13 times more likely to be criminalised than all other children, according to the Children’s Rights Alliance for England. ADHD and autistic spectrum disorders abound, along with communication impairment and other learning difficulties. | But among this diminished cohort, children from minority ethnic backgrounds are disproportionately likely to end up in court and custody and are four times more likely than white children to be arrested, according to the latest youth justice report. Looked-after children are also vastly overrepresented, with those in care 13 times more likely to be criminalised than all other children, according to the Children’s Rights Alliance for England. ADHD and autistic spectrum disorders abound, along with communication impairment and other learning difficulties. |
| Children in the dock is an investigation into the youth justice system in England and Wales, which in 2018 saw 26,881 children aged 10-17 cautioned or convicted of crimes ranging from shoplifting and joyriding to rape and robbery. | Children in the dock is an investigation into the youth justice system in England and Wales, which in 2018 saw 26,881 children aged 10-17 cautioned or convicted of crimes ranging from shoplifting and joyriding to rape and robbery. |
| No other EU country puts such young children on trial. Most other nations do not use an adversarial system which can see children separated from their parents and lawyers via bulletproof glass in what is essentially an adult courtroom with a different sign on the door. | No other EU country puts such young children on trial. Most other nations do not use an adversarial system which can see children separated from their parents and lawyers via bulletproof glass in what is essentially an adult courtroom with a different sign on the door. |
| Officially, the focus in youth courts is on rehabilitation, tackling the underlying causes of youth offending. But although there has been an 88% drop in the number of children cautioned or convicted since 2007, reoffending rates have increased. Just over 40% of children who go to court reoffend within a year; for those sent to youth custody, that figure rises to 71.6%. | Officially, the focus in youth courts is on rehabilitation, tackling the underlying causes of youth offending. But although there has been an 88% drop in the number of children cautioned or convicted since 2007, reoffending rates have increased. Just over 40% of children who go to court reoffend within a year; for those sent to youth custody, that figure rises to 71.6%. |
| Children who end up in trouble now are disproportionately likely to be of black, Asian or minority ethnicity. They are vastly more likely to be in care and they are extremely likely to have ADHD, autism spectrum disorders and communication difficulties. This series examines how the court system deals with these vulnerable children and explores whether there is a better way to break the cycle of offending and help them build productive and fulfilling lives. | Children who end up in trouble now are disproportionately likely to be of black, Asian or minority ethnicity. They are vastly more likely to be in care and they are extremely likely to have ADHD, autism spectrum disorders and communication difficulties. This series examines how the court system deals with these vulnerable children and explores whether there is a better way to break the cycle of offending and help them build productive and fulfilling lives. |
| To examine what is and is not working, the Guardian spent a month covering every case in one of England’s busiest youth courts, in Greater Manchester. From 9.30am to 4.30pm each day, our reporters sat at the back and watched as 128 children – 10 girls and 118 boys – came into contact with an adversarial criminal justice system, accused of everything from joyriding and knife possession to violent disorder and rape. | To examine what is and is not working, the Guardian spent a month covering every case in one of England’s busiest youth courts, in Greater Manchester. From 9.30am to 4.30pm each day, our reporters sat at the back and watched as 128 children – 10 girls and 118 boys – came into contact with an adversarial criminal justice system, accused of everything from joyriding and knife possession to violent disorder and rape. |
| Tracksuits in the dock | Tracksuits in the dock |
| The youth court is placed within the adult magistrates court, a modern sandstone building with a large atrium that recalls an abandoned shopping mall. To get there, one must go through airport-style security – outsourced, like so much of the public sector, to a private company, G4S in this case – then travel up two escalators, past the coroners’ court, now closed, and a counter for paying fines, also closed, and follow a small sign to the left that says “youth courts”. There are three, but court two is shut, a victim of austerity and the steep drop in the number of children ending up in the criminal justice system. | The youth court is placed within the adult magistrates court, a modern sandstone building with a large atrium that recalls an abandoned shopping mall. To get there, one must go through airport-style security – outsourced, like so much of the public sector, to a private company, G4S in this case – then travel up two escalators, past the coroners’ court, now closed, and a counter for paying fines, also closed, and follow a small sign to the left that says “youth courts”. There are three, but court two is shut, a victim of austerity and the steep drop in the number of children ending up in the criminal justice system. |
| Court three is open on Thursdays and occasionally Fridays, when there are trials. These are rare: most children, hardly sophisticated criminals, get caught red-handed and plead guilty, like the McFlurry thief or the 17-year-old who took a 13in padsaw to college and left it in his bag in the common room. | Court three is open on Thursdays and occasionally Fridays, when there are trials. These are rare: most children, hardly sophisticated criminals, get caught red-handed and plead guilty, like the McFlurry thief or the 17-year-old who took a 13in padsaw to college and left it in his bag in the common room. |
| Court one is where all the action is in 2019. The glass-walled waiting room outside often resembles a messy creche: crisps or drink cartons are scattered on the floor, and bored toddlers boulder about trying to get into the interview rooms as they wait for their older siblings. Some will be there all day: the courts are always running late and 10 or more defendants will often have been given the same start time. | Court one is where all the action is in 2019. The glass-walled waiting room outside often resembles a messy creche: crisps or drink cartons are scattered on the floor, and bored toddlers boulder about trying to get into the interview rooms as they wait for their older siblings. Some will be there all day: the courts are always running late and 10 or more defendants will often have been given the same start time. |
| Sometimes the defendants know each other, for better or worse. Occasionally they are from rival gangs, and court staff have to try to keep the peace. Sometimes they are friends from school, or more often a pupil referral unit. Some of the mothers – and less often, fathers – are on first-name terms with the court staff. “We’re becoming part of the fixtures and fittings,” said one, attending her son’s 11th court hearing for a string of moped robberies, filling a cup with cider when the ushers were not looking. | Sometimes the defendants know each other, for better or worse. Occasionally they are from rival gangs, and court staff have to try to keep the peace. Sometimes they are friends from school, or more often a pupil referral unit. Some of the mothers – and less often, fathers – are on first-name terms with the court staff. “We’re becoming part of the fixtures and fittings,” said one, attending her son’s 11th court hearing for a string of moped robberies, filling a cup with cider when the ushers were not looking. |
| The mother of the boy in the dock, a 16-year-old whose baby-face belied his laundry list of charges – from witness intimidation to knifepoint robbery – was not there to see him sent to prison. Earlier in the year she had been fined £100 for not sending him to school for the first five months of 2018. | The mother of the boy in the dock, a 16-year-old whose baby-face belied his laundry list of charges – from witness intimidation to knifepoint robbery – was not there to see him sent to prison. Earlier in the year she had been fined £100 for not sending him to school for the first five months of 2018. |
| Children in handcuffs: a month reporting from youth court | Children in handcuffs: a month reporting from youth court |
| It can be shocking to see a child behind bulletproof glass, brought up from the cells in handcuffs by dock officers employed by another private company, Amey. Most young people stand at the front of the court, facing a panel of three magistrates or a district judge. They are supposed to always have an “appropriate adult” in tow – usually a parent, grandparent or social worker – but it does not always work out that way. | It can be shocking to see a child behind bulletproof glass, brought up from the cells in handcuffs by dock officers employed by another private company, Amey. Most young people stand at the front of the court, facing a panel of three magistrates or a district judge. They are supposed to always have an “appropriate adult” in tow – usually a parent, grandparent or social worker – but it does not always work out that way. |
| Unlike in an adult crown court, no one wears a wig or gown as part of their uniform. Children can wear whatever they like, and sometimes their choices contrast with the formality of the situation in which they find themselves – boys in tracksuits and padded jackets, a girl in a fluffy jacket every colour of the rainbow. | Unlike in an adult crown court, no one wears a wig or gown as part of their uniform. Children can wear whatever they like, and sometimes their choices contrast with the formality of the situation in which they find themselves – boys in tracksuits and padded jackets, a girl in a fluffy jacket every colour of the rainbow. |
| A system in crisis | A system in crisis |
| Before 2010, when the coalition government began closing courts in the name of austerity, nine of Greater Manchester’s 10 boroughs had their own youth courts. Now there are four, with only Manchester open full time. | Before 2010, when the coalition government began closing courts in the name of austerity, nine of Greater Manchester’s 10 boroughs had their own youth courts. Now there are four, with only Manchester open full time. |
| The result is that children travel further for their hearings, making journeys that can require three buses and two hours. In August, 17 out of 128 children failed to show. Sometimes there was an excuse: they were on holiday, they had been in a car crash, they had never been sent the summons. In the waiting room lawyers can be heard on the phone, cajoling their young clients to come to court before they are brought in by force. | The result is that children travel further for their hearings, making journeys that can require three buses and two hours. In August, 17 out of 128 children failed to show. Sometimes there was an excuse: they were on holiday, they had been in a car crash, they had never been sent the summons. In the waiting room lawyers can be heard on the phone, cajoling their young clients to come to court before they are brought in by force. |
| Sometimes children appeared more than once. A number had to come back because of problems with Greater Manchester police’s new £27m computer system, which did not seem to be able to do something as basic as list a person’s previous offences. Some reoffended within the month, including the sexual offender who stole the McFlurry. He had been given the most stringent community sentence: a referral order with intensive supervision and surveillance from his local youth justice service. | Sometimes children appeared more than once. A number had to come back because of problems with Greater Manchester police’s new £27m computer system, which did not seem to be able to do something as basic as list a person’s previous offences. Some reoffended within the month, including the sexual offender who stole the McFlurry. He had been given the most stringent community sentence: a referral order with intensive supervision and surveillance from his local youth justice service. |
| Two days later, the boy allegedly went into a sports shop and groped a shop assistant. Back in the secure dock of court one, he denied it but was remanded into custody, 65 miles (105km) away at HMP Wetherby in West Yorkshire. | Two days later, the boy allegedly went into a sports shop and groped a shop assistant. Back in the secure dock of court one, he denied it but was remanded into custody, 65 miles (105km) away at HMP Wetherby in West Yorkshire. |
| Child victims of a rotten youth justice system | Letters | |
| Custody is supposed to be the last resort: in 2018, of 22,996 sentences given to children, 1,585 were custodial. More than 70% of juveniles who receive a prison sentence of six months or less reoffend within a year. Many look enviously to other countries: to Spain, which has replaced detention centres with “re-education centres”; or Scotland, where children’s panels convene around a table rather than in a courtroom. | Custody is supposed to be the last resort: in 2018, of 22,996 sentences given to children, 1,585 were custodial. More than 70% of juveniles who receive a prison sentence of six months or less reoffend within a year. Many look enviously to other countries: to Spain, which has replaced detention centres with “re-education centres”; or Scotland, where children’s panels convene around a table rather than in a courtroom. |
| “I just don’t think it works,” said one youth court solicitor. She had just defended a 15-year-old with learning difficulties found with two kitchen knives, which he had started carrying after being attacked last year. “They’re coming back before the courts time and time again on the same offences.” | “I just don’t think it works,” said one youth court solicitor. She had just defended a 15-year-old with learning difficulties found with two kitchen knives, which he had started carrying after being attacked last year. “They’re coming back before the courts time and time again on the same offences.” |
| There had to be another way, she said. “They come from violent backgrounds a lot of the time, so it’s what they know. It’s learned behaviour. So why aren’t we dealing with that? Why aren’t we getting them to speak to people? Why aren’t we giving them therapy for what they’ve seen? Teaching them about alternatives, teaching them how to handle difficult situations? Education is what it comes down to.” | There had to be another way, she said. “They come from violent backgrounds a lot of the time, so it’s what they know. It’s learned behaviour. So why aren’t we dealing with that? Why aren’t we getting them to speak to people? Why aren’t we giving them therapy for what they’ve seen? Teaching them about alternatives, teaching them how to handle difficult situations? Education is what it comes down to.” |
| Reporting team: Helen Pidd, Josh Halliday, Maya Wolfe-Robinson, Nazia Parveen, Amy Walker, Nicole Wootton-Cane, Philip Marzouk | Reporting team: Helen Pidd, Josh Halliday, Maya Wolfe-Robinson, Nazia Parveen, Amy Walker, Nicole Wootton-Cane, Philip Marzouk |
| Reporting team: Helen Pidd, Josh Halliday, Maya Wolfe-Robinson, Nazia Parveen, Amy Walker, Nicole Wootton-Cane, Philip Marzouk | Reporting team: Helen Pidd, Josh Halliday, Maya Wolfe-Robinson, Nazia Parveen, Amy Walker, Nicole Wootton-Cane, Philip Marzouk |
| Graphics: Paul Torpey and Glenn Swann | Graphics: Paul Torpey and Glenn Swann |
| Graphics: Paul Torpey and Glenn Swann | Graphics: Paul Torpey and Glenn Swann |
| Children in the dock | Children in the dock |
| UK criminal justice | UK criminal justice |
| Young people | Young people |
| Greater Manchester | Greater Manchester |
| North of England | North of England |
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