What just happened?
Rob Butler MP, has proposed a bill that would ensure young people who turn 18 before their first court appearance are still treated as children.1
What does this mean?
Currently, the way that a defendant is treated is dependent on their age on the date that they first appear in court and enter a plea, as opposed to their age when they committed the offence. However, this means that the “arbitrary cut-off date of a young person’s 18th birthday immediately affects both the type of court that deals with them and the range of sentences available.”2 According to the Howard League for Penal Reform this loophole in the youth justice system “penalises young people for delays that are not their fault and triggers a range of consequences.”3
Butler’s proposal would mean that the occurrence of the defendant’s 18th birthday before their first court appearance would not affect the proceedings, and they would still be treated as a child. If an individual is treated as a child by the court, many things are different – one huge factor is that the rules on criminal records mean that a conviction as a child only remains on someone’s record until the age of 21. Therefore, if an individual is tried as an adult due to delay, there is a lower chance of rehabilitation as the likelihood of getting a job and succeeding are lower when having to disclose a criminal conviction.
How does this impact the legal sector?
Delays impacting on young people have been a concern for a while, the Youth Justice Board estimates that around 2500 offences proved in 2016-17 were committed by children who were convicted after they turned 18.4
The Covid-19 pandemic has further worsened court delays, meaning that due to reasons outside of their control, young people who committed crimes as children under the age of 18 will appear in court after their 18th birthday and therefore the implications will be much more severe – and they will not be tried in a youth court.
Dr Laura Janes stated, “young adults are still maturing and should not be treated as fully grown adults the moment they turn 18”.5 This is relevant generally, but also specifically in law. Upon turning 18, an individual does not suddenly become a fully grown adult and therefore should not be prematurely pushed into the adult court system.
The implications should this proposed change come into force could be interesting. It may put an impetus on setting a court date for child offenders as quickly as possible, and ‘rushing’ their cases to court to ensure they do not reach their 18th birthday before they have their first court appearance. Another likely outcome seems to be that the age of offending would become more important than the age of a defendant when appearing in court, although that would be a rather large change to the system.
Any changes will of course depend on the success of the proposal, which will be revealed in time, but this proposal seems to correct a pretty major issue in youth justice. According to Butler the bill “does no more than correct an anomaly and would be a relatively simple change to make in legislation.”6
Written by Lucy Stone
Assessing firms:
Olliers Solicitors, Kingsley Napley, Duncan Lewis, Youth Justice Legal Centre, Hodge Jones & Allen London, Lewis Nedas, MPR Solicitors LLP, GT Stewart Solicitors, FMW Law, Slater Heelis Solicitors.
References:
[1] Monidipa Fouzder ’18-year-olds would be treated as children under proposed court bill’ (The Law Society Gazette, 24th February 2021) https://www.lawgazette.co.uk/news/18-year-olds-would-be-treated-as-children-under-proposed-court-bill/5107540.article
[2] Ibid
[3] Helen Pidd, ‘Revelaed: hundreds of children pushed into adult courts by delays’ (The Guardian, 5th November 2019) https://www.theguardian.com/society/2019/nov/05/revealed-hundreds-of-children-pushed-into-adult-courts-by-delays
[4] Fouzder (n 1)
[5] Fouzder (n 1)
[6] Pidd (n 2)
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.