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Naughty children, criminal responsibility and mental illness Naughty children, criminal responsibility and mental illness
(7 months later)
You report that the government has no intention of raising the age of criminal responsibility (Were James Bulger's killers too young to stand trial?, Society, 6 February). However, there is another way to achieve the same outcome.You report that the government has no intention of raising the age of criminal responsibility (Were James Bulger's killers too young to stand trial?, Society, 6 February). However, there is another way to achieve the same outcome.
The Howard League has been working with police forces across the country to encourage them to use professional discretion when responding to children misbehaving. In the past police have been too quick to use formal sanctions, including life-blighting arrest, when faced with naughtiness. Last year police successfully reduced unnecessary arrests of children by 33,000. This in turn is leading to fewer children, particularly younger children, going to court and to custody.The Howard League has been working with police forces across the country to encourage them to use professional discretion when responding to children misbehaving. In the past police have been too quick to use formal sanctions, including life-blighting arrest, when faced with naughtiness. Last year police successfully reduced unnecessary arrests of children by 33,000. This in turn is leading to fewer children, particularly younger children, going to court and to custody.
The UK's low age of criminal responsibility affects hardly any children who do terrible things because that is so rare. The attention given to the very few children who commit heinous crimes is misleading as these events are once in a generation. There are no children aged 10 or 11 in penal custody today.The UK's low age of criminal responsibility affects hardly any children who do terrible things because that is so rare. The attention given to the very few children who commit heinous crimes is misleading as these events are once in a generation. There are no children aged 10 or 11 in penal custody today.
The damage done by having a low age of criminal responsibility is to the children who are sucked into the criminal justice system for bad behaviour due to neglect, abuse or mental health problems. The police and courts are not the right way to respond to this.The damage done by having a low age of criminal responsibility is to the children who are sucked into the criminal justice system for bad behaviour due to neglect, abuse or mental health problems. The police and courts are not the right way to respond to this.
Political cowardice by political parties accounts for their failure to take legislative action. The good news is that the age of criminal responsibility is being addressed by professionals in the interests of children and public safety.
Frances Crook
Chief executive, The Howard League for Penal Reform		Political cowardice by political parties accounts for their failure to take legislative action. The good news is that the age of criminal responsibility is being addressed by professionals in the interests of children and public safety.
Frances Crook
Chief executive, The Howard League for Penal Reform
• As the crime and courts bill approaches its final days of scrutiny in the Commons, MPs have a last opportunity to ensure changes to community sentences do not undermine support for the 40% of offenders with mental health conditions.• As the crime and courts bill approaches its final days of scrutiny in the Commons, MPs have a last opportunity to ensure changes to community sentences do not undermine support for the 40% of offenders with mental health conditions.
The proposal for all community orders to contain a mandatory punitive element may mean that the emphasis in sentencing will no longer focus on addressing root causes of offending. It could also mean important mental health treatment is displaced by less effective penalties. This is worrying given that the mental health treatment requirement is already only used in less than 1% of orders.The proposal for all community orders to contain a mandatory punitive element may mean that the emphasis in sentencing will no longer focus on addressing root causes of offending. It could also mean important mental health treatment is displaced by less effective penalties. This is worrying given that the mental health treatment requirement is already only used in less than 1% of orders.
For a person with a mental health problem, learning disability or complex needs, a focus on punishment instead of rehabilitation can "set them up to fail", as they may find it difficult or even impossible to comply with some of the conditions without adequate support and supervision alongside.For a person with a mental health problem, learning disability or complex needs, a focus on punishment instead of rehabilitation can "set them up to fail", as they may find it difficult or even impossible to comply with some of the conditions without adequate support and supervision alongside.
Ultimately, this approach will do little to reduce reoffending or to make our communities safer.
Sean Duggan
Chief executive, Centre for Mental Health
Vicki Helyar-Cardwell
Director, Criminal Justice Alliance
Juliet Lyon
Director, Prison Reform Trust		Ultimately, this approach will do little to reduce reoffending or to make our communities safer.
Sean Duggan
Chief executive, Centre for Mental Health
Vicki Helyar-Cardwell
Director, Criminal Justice Alliance
Juliet Lyon
Director, Prison Reform Trust
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