Crime
When the state does things to deal with juvenile offenders
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On May 11 2006, the Court of Appeal said that the High
Court ruling that the police cannot use force to remove a child from a
dispersal area under section 30 of the Anti-social Behaviour Act 2003
was wrong. Section 30 allows the police to set up 'dispersal areas', which
under 16s can be removed from between 9pm and 6am. The court ruled that
the police are able to use force under the Anti-Social Behaviour Act.
However Lord Justice May said: ‘There is no reason relevant …
why children, as much as adults, should not be free to go as they wish
in public after 9pm…’ He ruled that the police can only remove
children who are involved in, or at risk from, bad behaviour, or who may
be about to behave badly. This means that section 30 cannot be used to
make all young people stay away from those areas.
Lord Justice May also said that if the police wish to remove a child from
a dispersal area they must think about the age of the child, how late
it is, what reasons the child has given for being there, and the kind
of activity they are involved in.
Download the full ruling here.
A report from the Royal College of Psychiatristshas asked for the age of criminal responsibility to be raised. The report, Child defendants, says that the age of criminal responsibility should be raised from 10 to around 14 or 15 years old to bring it into line with other European countries. It argues that 10 year-olds might not be able to follow a trial, or understand what it means to take responsibility for anti-social behaviour. Last year, the European Social Rights Committee said the UK is breaking children’s rights because the age of criminal responsibility is “manifestly too low”. The Royal College’s report recommends other changes to the juvenile justice system:
- There should be a government-led consultation on the needs and human rights of child defendants, which includes the age of criminal responsibility
- All child defendants facing serious charges should beseen as ‘children in need’
- The youth court should have the power to require a local authority investigation into the child’s needs. If necessary, the case should be transferred to the family proceedings court so that the child gets helped rather than punished.
- A pack should be produced for all children who appear in court. This pack should explain their human rights and the legal process in a clear way (the Youth Justice Board is already doing some work on this)
- A clinical psychologist should talk to any child defendant facing serious criminal charges, including murder, manslaughter, rape, arson or grievous bodily harm. The child might have mental health problems. The psychological assessment could help the court to decide what special support the child might need.
Download the full report