Children in trouble with the law
Our goal:
Children in trouble with the law should be dealt with as children in need and not as criminals.
Around 7,000 children are sent to custody each year in England and Wales and at any one time around 3000 children are locked up.
Young people who commit offences often have had traumatic experiences, chaotic lives, complex personal and family problems. The current youth justice system is ill- equipped to meet the needs of these vulnerable young people and has been criticised for not complying with child welfare frameworks and legal obligations in respect of children's human rights. The Children's Society calls for a youth justice system that sees children in trouble with the law as children first and foremost, in need of care, support and protection, and that is distinct and separate from the criminal justice system for adults.
We lobby for:
The age of criminal responsibility to be raised from 10 to 14 years. At present the age of criminal responsibility in England is 10. This is one of the lowest in Europe. The Children's Society in no way condones criminal behaviour but we believe it is neither appropriate nor effective to respond to a child with the full weight of the criminal law while they are at such a formative stage of development. We shall learn from experience here and abroad and develop more appropriate responses.
Children's liberty should only be removed as a last resort, for the shortest appropriate period of time and then only in establishments that provide for their care in a safe, child-centered environment. In England children are locked up more readily and more often than almost any other industrialised, democratic country. Recent trends have been towards an increasing use of custody for children for lesser offences and for longer periods. The Children's Society lobbies to end the use of prison custody for children. We acknowledge that in a small number of very serious cases, and in order to safeguard the public and/or the child, it may be necessary to detain a child in secure accommodation. Any such detention should be outside the prison estate and in an environment compliant with children's safeguarding policy and practice.
Where children and young people are involved in or affected by anti-social behaviour, The Children's Society promotes policies and responses that seek to unite communities, support behaviour change and value children's positive contributions.
Since 1998 the Government through a raft of legislative measures has developed what might be termed a 'civil justice' system running in tandem with the criminal justice system that, even though ostensibly designed for adults, is bearing down hardest on children and young people. The anti-social behaviour agenda fails to address the root causes of problematic behaviour, gives rise to a public debate that stigmatises young people and increases fear and misunderstandings between different groups within communities.
Children in trouble with the law are safeguarded at all times.
Over 80% of children and young people in custody are held in Prison-Service establishments. Inpendent inspections and human rights reports have show they have serious flaws and children remain at significant risk of coming to further harm within the system. Particular concerns are around bullying and violence, restraint, solitary confinement and strip-searching. Additionally children's health and education needs are not met within these establishments. Even the better-resourced Secure Training Centres experience similar problems, up to and including tragic deaths in custody.
Consultations and briefings