Edward Argar
The age of criminal responsibility in England and Wales is 10. Custodial sentences are available for children from that age, although their use is restricted, and the courts have a statutory duty to consider a child’s welfare during sentencing. Children under 12 will only ever receive a custodial sentence for the most serious offences where neither a community sentence or fine can be justified. Furthermore, we recognise that needs can differ among different age groups, and the sentencing guidelines reflect that. For example, detention and training orders are not available for under-12s, and can only be given to children aged 12 to 14 if they are considered to be persistent offenders. Returning to the definition of “child”, about 95% of those who receive a custodial sentence are 16 and 17-year-olds. That is still a small number. I take the underlying point that the hon. Member for South Shields is making, but we should be clear about the age that is predominantly reflected in those who receive custodial sentences.
[Official Report, 25 June 2019, Vol. 662, c. 278WH.]
Letter of correction from the Under-Secretary of State for Justice, the hon. Member for Charnwood (Edward Argar).
An error has been identified in my response to the debate on Child Imprisonment.
The correct response should have been:
Edward Argar
The age of criminal responsibility in England and Wales is 10. Custodial sentences are available for children from that age, although their use is restricted, and the courts have a statutory duty to consider a child’s welfare during sentencing. Children under 12 will only ever receive a custodial sentence for the most serious offences where neither a community sentence or fine can be justified. Furthermore, we recognise that needs can differ among different age groups, and the sentencing guidelines reflect that. For example, detention and training orders are not available for under-12s, and can only be given to children aged 12 to 14 if they are considered to be persistent offenders. Returning to the definition of “child”, about 82% of those in custody are 16 and 17-year-olds. That is still a small number. I take the underlying point that the hon. Member for South Shields is making, but we should be clear about the age that is predominantly reflected in those who receive custodial sentences.