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You can find the current article at its original source at https://www.theguardian.com/society/2019/nov/05/revealed-hundreds-of-children-pushed-into-adult-courts-by-delays
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| Revealed: hundreds of children pushed into adult courts by delays | Revealed: hundreds of children pushed into adult courts by delays |
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| Those who turn 18 before first court appearance face tougher treatment regardless of age when they committed offence | Those who turn 18 before first court appearance face tougher treatment regardless of age when they committed offence |
| Hundreds of child offenders a year end up in intimidating and unsuitable adult courts because of “unacceptable” delays caused by police and the judicial system, exclusive figures show. | Hundreds of child offenders a year end up in intimidating and unsuitable adult courts because of “unacceptable” delays caused by police and the judicial system, exclusive figures show. |
| Youth courts hear all but the most serious of cases involving children aged 10 to 17, but if a child turns 18 before their first court appearance, they are sent to the adult court, regardless of their offence. There, they can be named by the media and receive harsher sentences which take longer to be “spent”, regardless of how old they were when they offended. | Youth courts hear all but the most serious of cases involving children aged 10 to 17, but if a child turns 18 before their first court appearance, they are sent to the adult court, regardless of their offence. There, they can be named by the media and receive harsher sentences which take longer to be “spent”, regardless of how old they were when they offended. |
| The Youth Justice Board estimates that about 2,500 offences proved in 2016-17 were committed by children who were convicted after they turned 18. | The Youth Justice Board estimates that about 2,500 offences proved in 2016-17 were committed by children who were convicted after they turned 18. |
| The statistics expose a loophole in the youth justice system, which penalises young people for delays that are not their fault and triggers a range of consequences that are “out of sync with the special considerations that apply to children in trouble”, according to the Howard League for Penal Reform. | The statistics expose a loophole in the youth justice system, which penalises young people for delays that are not their fault and triggers a range of consequences that are “out of sync with the special considerations that apply to children in trouble”, according to the Howard League for Penal Reform. |
| Sally Smith’s son, Simon, * was 17 when he was arrested in October 2015 on suspicion of being involved in a class A drug offence. He was not charged until March 2016 and did not make his first court appearance until the end of April 2016, two weeks after he turned 18. | Sally Smith’s son, Simon, * was 17 when he was arrested in October 2015 on suspicion of being involved in a class A drug offence. He was not charged until March 2016 and did not make his first court appearance until the end of April 2016, two weeks after he turned 18. |
| Had he been summonsed a few weeks earlier he would have ended up in the youth court, where the public are banned and media cannot identify any children involved. Youth hearings, though still formal, are designed to be less intimidating for children. No one wears a wig or gown and the magistrates or judge avoid excessive legalese so the defendants are able to understand what is happening. | Had he been summonsed a few weeks earlier he would have ended up in the youth court, where the public are banned and media cannot identify any children involved. Youth hearings, though still formal, are designed to be less intimidating for children. No one wears a wig or gown and the magistrates or judge avoid excessive legalese so the defendants are able to understand what is happening. |
| Simon, however, ended up in the adult magistrates court and was sent from there to the crown court. His local paper published his name and address, wand he lost his part-time job at a fast-food restaurant almost immediately, even before he was found guilty. | Simon, however, ended up in the adult magistrates court and was sent from there to the crown court. His local paper published his name and address, wand he lost his part-time job at a fast-food restaurant almost immediately, even before he was found guilty. |
| The crown court was a particularly alienating place for a teenager, said Sally. “It was an old-fashioned, intimidating court. There were no concessions made for him being young. It was incredibly intimidating and frightening and shameful. The publicity and then losing his job was never going to be helpful for his rehabilitation.” | The crown court was a particularly alienating place for a teenager, said Sally. “It was an old-fashioned, intimidating court. There were no concessions made for him being young. It was incredibly intimidating and frightening and shameful. The publicity and then losing his job was never going to be helpful for his rehabilitation.” |
| Youth justice guidelines stress rehabilitation and advise that cases involving children should be expedited where possible, partly because young people change so quickly and often “grow out” of offending. | Youth justice guidelines stress rehabilitation and advise that cases involving children should be expedited where possible, partly because young people change so quickly and often “grow out” of offending. |
| “We know that young people’s offending behaviour is often very brief and it definitely was in Simon’s case. It was just some idiot thing he had done. By the time he was arrested several months after the offending behaviour occurred, he had essentially already moved on and was a contributing member of society because he was holding down a job and was working hard to gain a place at university,” said Sally. | “We know that young people’s offending behaviour is often very brief and it definitely was in Simon’s case. It was just some idiot thing he had done. By the time he was arrested several months after the offending behaviour occurred, he had essentially already moved on and was a contributing member of society because he was holding down a job and was working hard to gain a place at university,” said Sally. |
| Simon had no previous convictions and Sally thinks he had just lost his way a little at 16 following a close relative’s suicide and his parents’ divorce. She is now campaigning to change the law so that anyone who commits an offence before their 18th birthday is dealt with the same as any other child tried in a youth court, regardless of how long it takes to go through the criminal justice system. | Simon had no previous convictions and Sally thinks he had just lost his way a little at 16 following a close relative’s suicide and his parents’ divorce. She is now campaigning to change the law so that anyone who commits an offence before their 18th birthday is dealt with the same as any other child tried in a youth court, regardless of how long it takes to go through the criminal justice system. |
| She wants the Rehabilitation of Offenders Act tamended to take the age of a person when they offended into account, and the system to work much better at processing children’s cases quickly. | She wants the Rehabilitation of Offenders Act tamended to take the age of a person when they offended into account, and the system to work much better at processing children’s cases quickly. |
| “Currently, there’s no incentive in the system to process someone really quickly before they turn 18,” Sally said. “There’s no comeback in the system, no accountability if they allow this to happen. The law I think could very easily be changed so that their convictions are spent as quickly as they would be had they been found guilty before they turned 18.” | “Currently, there’s no incentive in the system to process someone really quickly before they turn 18,” Sally said. “There’s no comeback in the system, no accountability if they allow this to happen. The law I think could very easily be changed so that their convictions are spent as quickly as they would be had they been found guilty before they turned 18.” |
| Simon received a 12-month suspended sentence, plus 150 hours’ unpaid work, and will have an unspent criminal record until he is nearly 24 instead of 21 had he been tried before he turned 18. | Simon received a 12-month suspended sentence, plus 150 hours’ unpaid work, and will have an unspent criminal record until he is nearly 24 instead of 21 had he been tried before he turned 18. |
| Having to declare his unspent conviction is already causing Simon problems. He failed to get a placement on his year in industry at university. “He had to tick the box saying he had an unspent conviction and I’m sure that played a role,” Sally said. | Having to declare his unspent conviction is already causing Simon problems. He failed to get a placement on his year in industry at university. “He had to tick the box saying he had an unspent conviction and I’m sure that played a role,” Sally said. |
| Dr Laura Janes, legal director at the Howard League for Penal Reform, said: “Delays in court in processes for children can translate into huge disadvantages, especially if they turn 18 before the case comes to court. Not only do teenagers find themselves in adult courts for offences they are alleged to have committed as children, but if they are sentenced, they will get an adult sentence. Adult sentences also trigger a whole range of consequences that are out of sync with the special considerations that apply to children in trouble. | Dr Laura Janes, legal director at the Howard League for Penal Reform, said: “Delays in court in processes for children can translate into huge disadvantages, especially if they turn 18 before the case comes to court. Not only do teenagers find themselves in adult courts for offences they are alleged to have committed as children, but if they are sentenced, they will get an adult sentence. Adult sentences also trigger a whole range of consequences that are out of sync with the special considerations that apply to children in trouble. |
| “The criminal justice system ought to calibrate far better with young people’s lives. Young adults are still maturing and should not be treated as fully grown adults the moment they turn 18. Even the lord chief justice has recognised that young people do not wake up on their 18th birthday with the full attributes of maturity conferred on them, but on the ground the system has still not caught up with the science and developing thinking.” | “The criminal justice system ought to calibrate far better with young people’s lives. Young adults are still maturing and should not be treated as fully grown adults the moment they turn 18. Even the lord chief justice has recognised that young people do not wake up on their 18th birthday with the full attributes of maturity conferred on them, but on the ground the system has still not caught up with the science and developing thinking.” |
| The supreme court ruled earlier this year that the disclosure of youth reprimands to future employers was incompatible with human rights legislation. The case was brought by a reformed young offender aghast to find that cautions and reprimands he had received as a 13-year-old still turned up on disclosure and barring service checks, which were mandatory when he applied for certain jobs. | The supreme court ruled earlier this year that the disclosure of youth reprimands to future employers was incompatible with human rights legislation. The case was brought by a reformed young offender aghast to find that cautions and reprimands he had received as a 13-year-old still turned up on disclosure and barring service checks, which were mandatory when he applied for certain jobs. |
| A Ministry of Justice spokesman said: “When sentencing an offender who has turned 18 during the court proceedings, the court will take as the starting point the sentence likely to have been given on the date at which the offence was committed.” | |
| * Not their real names | * Not their real names |