Archive for the ‘Uncategorized’ Category
Reviewing the Youth Justice system
As I note in my book Introduction to the English Legal System, the Youth Justice system has undergone enormous change in the last 20 years.
The current Government has, however, launched a review of the system and in February 2016 published the interim findings of the Review.
The review is led by Charlie Taylor, the former Chief Executive of the National College of Teaching and Leadership, the former head teacher of a school for children with complex behavioural, emotional and social difficulties, and an expert in managing young people’s behaviour.
The report finds that:
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since 2006/07 the number of children in custody has declined by 64% to its lowest recorded level
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of those children who remain in custody, almost two thirds reoffend within a year of release
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around 40% of young people in under-18 Young Offender Institutions (YOIs) have not been to school since they were aged 14, and nearly nine out of 10 have been excluded from school at some point
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children in YOIs are only receiving 17 hours of education every week against an expectation of 30 hours
The interim proposals from the review include:
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re-designing the youth estate so that it can cater for a smaller, but more challenging, group of children in custody
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placing education at the centre of youth custody, by drawing on the culture of aspiration and discipline which is evident in the best alternative provision schools
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replacing youth prisons with smaller secure schools which help children master the basics in English and maths as well as providing high quality vocational education in a more therapeutic environment
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giving local areas greater say in the way children are managed by devolving responsibility, control and money from Whitehall.
In addition, the review is also examining the way young offenders are dealt with in court and the sentences available, how to prevent offending in the first place and how to reintegrate children back into the community following custody.
A final report is expected in July 2016.
For further details of this important policy review go to https://www.gov.uk/government/news/review-of-the-youth-justice-system
Supporting Heroes – the new law
On 30 July 2014, I summarised the Government’s proposals for ‘supporting heroes’ contained in the Social Action, Responsibility and Heroism Bill 2015. The proposals have now completed the Parliamentary process, and the Social Action, Responsibility and Heroism Act 2015 is now on the statute book.
To recap, the Act provides that when dealing with negligence claims or claims for breach of statutory duty the courts should consider:
- whether the alleged negligence or breach of statutory duty occurred when the person was acting for the benefit of society or any of its members (section 2) ;
- whether the person , in carrying out the activity giving rise to the claim , demonstrated a generally responsible approach towards protecting the safety or other interests of others (section 3) ;
- whether the alleged negligence or breach of statutory duty occurred when the person was acting heroically by intervening in an emergency to assist an individual in danger and without regard to his or her own safety or other interests (section 4).
The Act will come into force on a date to be announced later.
Family Justice: ensuring the voice of the child is heard
Family law places great emphasis on the child. Ensuring that the interests of the child are addressed is central. But how can these issues be addressed if, in the course of proceedings – whether in court or mediation – those taking decisions do not hear directly from the children who are going to be affected by those decisions?
In theory the child’s interests are represented by CAFCASS (the Children and Family Court Advisory and Support Service). But it has been recognised that however well staff in CAFCASS work, they may not always fully understand the child’s perspective. In 2006, CAFCASS established the Family Justice Young People’s Board (FJYPB) – a group of around 40 children and young people who have been through the family justice system or who have an interest in children’s rights and the family courts.
The Board has recently been developing proposals to ensure that the practice and procedure of judges and mediators gives children the opportunity to be heard directly.
In a recent speech to the FJYPB, Simon Hughes, Minister in the Ministry of Justice, announced that the Government would seek to implement proposals for all children over the age of 10 to be heard, both in couirt and in mediations. The precise details of how this will happen still need finalising, but this seems to be a step to which the President of the Family Court, CAFCASS and mediators are committed to.
For more details, see https://www.gov.uk/government/speeches/simon-hughes-speech-at-the-voice-of-the-child-conference.
See also http://www.cafcass.gov.uk/about-cafcass/how-we-are-organised/family-justice-young-peoples-board.aspx
All change at the Commission for Victims and Witnesses?
The Independent Commissioner for Victims and Witnesses is a post created under the Domestic Violence, Crime and Victims Act 2004. The post has been held, since July 2010 by Louise Casey. She came to the post with a formidable reputation for speaking up about the consequences of anti-social behaviour, and she has taken this outspoken approach into her new role. Over the last 15 months she has issued a number of reports and made a number of important speeches about how the criminal justice system fails the victims of crime, particularly serious violent crime.
In just the last month (October 2011) she has published reports on research into the view of victims on their experience of court and sentencing, and on the needs of families suffering bereavement because of homicide.
She has now announced her resignation to take up a new role to consider the riots which took place in London and other major cities in the summer of 2011.
The Justice Secretary has published a letter thanking her for her work, but also – possibly ominously – indicating that her resignation gives an opportunity to rethink the Commissioner’s role.
To find out more about the Commissioner and her work go to http://www.justice.gov.uk/about/vc/index.htm
Martin Partington: Introduction to the English Legal System 15th ed 2021
Oxford University Press Learning Link Resources
Martin Partington: Spotlight on the Justice System 