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| 'Too many' young offenders jailed | 'Too many' young offenders jailed |
| (about 4 hours later) | |
| Children as young as 12 are being wrongly imprisoned in England and Wales, breaking government guidelines, says the charity Barnardo's. | |
| Its report says that confusion over the criteria for youth courts led to more than 165 under-15s being wrongly given custodial sentences in 2007. | Its report says that confusion over the criteria for youth courts led to more than 165 under-15s being wrongly given custodial sentences in 2007. |
| Barnardo's said locking up so many children was a "tragedy". | |
| The Ministry of Justice said detention should be the last resort - but judges should have the final say. | The Ministry of Justice said detention should be the last resort - but judges should have the final say. |
| The law specifically states that children aged 14 and under should not be locked up unless they have committed a grave offence or have committed a serious offence and are deemed to be a persistent offender. | |
| But the Barnado's report found more than a third of 12 to 14-year-olds locked up did not meet the conditions. | |
| Barnardo's surveyed around half of all children who were put in young offender institutions in 2008. | |
| More than a fifth were locked up for breaching an Anti-social Behaviour Order or similar punishment, half were victims of abuse and more than a third were living with an adult criminal. | More than a fifth were locked up for breaching an Anti-social Behaviour Order or similar punishment, half were victims of abuse and more than a third were living with an adult criminal. |
| 'Tragedy' | 'Tragedy' |
| Barnardo's chief executive Martin Narey said that until 1998 it would have been illegal to imprison these young people unless they had committed one of the so-called "grave offences". | Barnardo's chief executive Martin Narey said that until 1998 it would have been illegal to imprison these young people unless they had committed one of the so-called "grave offences". |
| "Now we do this, every year, to more than 400 children aged 12, 13 and 14. | "Now we do this, every year, to more than 400 children aged 12, 13 and 14. |
| "This is a tragedy for the young people themselves, it's a shocking waste of money and, in terms of reducing their offending and doing anything to protect victims, it is almost invariably ineffective. | "This is a tragedy for the young people themselves, it's a shocking waste of money and, in terms of reducing their offending and doing anything to protect victims, it is almost invariably ineffective. |
| "We are calling for stricter, clearer rules on sending children as young as 12 to custody so that practice can be brought into line with government policy." | "We are calling for stricter, clearer rules on sending children as young as 12 to custody so that practice can be brought into line with government policy." |
| Juliet Lyon, director of the Prison Reform Trust, said: "We know that sending children to prison is expensive and ineffective, with three-quarters reoffending within a year of release. | Juliet Lyon, director of the Prison Reform Trust, said: "We know that sending children to prison is expensive and ineffective, with three-quarters reoffending within a year of release. |
| "Yet we still persist in sending thousands of our most vulnerable young people into corrosive youth custody every year. We need sentences that work, not those that lead children into more trouble." | "Yet we still persist in sending thousands of our most vulnerable young people into corrosive youth custody every year. We need sentences that work, not those that lead children into more trouble." |
| Sentencing variations | Sentencing variations |
| Meanwhile, a committee of MPs has warned that custodial sentences are being used inconsistently. | Meanwhile, a committee of MPs has warned that custodial sentences are being used inconsistently. |
| The Commons justice committee said there was no "common understanding" of what was meant by "last resort" and warned of "regional variations" across England and Wales. | The Commons justice committee said there was no "common understanding" of what was meant by "last resort" and warned of "regional variations" across England and Wales. |
| It said some young offenders were being locked up when there were not enough resources to provide community punishments, the committee said. | It said some young offenders were being locked up when there were not enough resources to provide community punishments, the committee said. |
| And it warned new guidelines for youth courts could mean children under 14 being locked up for three minor offences even if they have never appeared in court. | And it warned new guidelines for youth courts could mean children under 14 being locked up for three minor offences even if they have never appeared in court. |
| Committee chairman Sir Alan Beith said: "We know that custody does not work to reduce reoffending, and that it does not have a deterrent effect on young people, because their crimes are usually opportunistic and impulsive, so it is vital that effective alternatives are available." | Committee chairman Sir Alan Beith said: "We know that custody does not work to reduce reoffending, and that it does not have a deterrent effect on young people, because their crimes are usually opportunistic and impulsive, so it is vital that effective alternatives are available." |