Age of Criminal Responsibility Bill [HL]

Baroness Vere of Norbiton Excerpts

2nd reading (Hansard): House of Lords
Friday 8th September 2017 Lords Chamber

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords for their very insightful contributions, and of course the noble Lord, Lord Dholakia, in particular for introducing this Bill and bringing this important matter back for debate in the House. I recognise the noble Lord’s long-standing commitment to this subject.

The age of criminal responsibility in England and Wales was set at 10 in 1963, as we have heard, and Governments of all parties since have maintained this position. This Government take the view that children aged 10 and above are able to differentiate between bad behaviour and serious wrongdoing and can therefore be held accountable for their actions. Where a young person commits an offence, it is important they understand that this is a serious matter. The public and the victims of crime must also have confidence in the youth justice system and know that offending will be dealt with. The youth justice system needs to retain its ability to respond flexibly and effectively, which I believe it does.

The number of 10 and 11 year-olds in the youth justice system has fallen dramatically. This is something we all should celebrate. Since the peak in youth offending in 2007, the number of 10 and 11 year-olds entering the youth justice system for the first time has fallen significantly. In 2016-17, just 2% of first-time entrants were aged 10 or 11. In 2016, only 116 10 and 11 year- olds were taken to court, compared with more than 6,000 12 to 14 year-olds. In 2016, just 380 cautions and convictions were given to children aged 10 and 11 and the vast majority of these—81%—were cautions. This is a 95% reduction since 2007.

Serious crimes committed by children are mercifully rare, and we do not want to see 10 and 11 year-olds prosecuted for minor offences. Indeed, most such offending is diverted away from the formal criminal justice system. However, it would be wrong to ignore the fact that offences committed by young people, including by those aged 10 and 11, can have a devastating effect on victims and the community, and we believe it is important that serious offences can be prosecuted.

Children who have committed a crime need interventions and support to address the causes of their offending, as was so ably pointed out by my noble friend Lady Bottomley. We must make sure that they are not drawn further into the formal youth justice system unnecessarily. Alongside the work of the police and local communities to divert children away from the formal youth justice system, liaison and diversion services identify young people with specific needs or vulnerabilities when they come into contact with the criminal justice system. They support these children through the early stages of the system and refer them to appropriate health and social care and divert them away from the justice system altogether if that is appropriate. These services are being rolled out in police stations and courts and are expected to cover 82% of the country by the end of this year, with a view to 100% coverage by 2021.

The majority of 10 and 11 year-olds who enter the youth justice system receive a caution. This means that low-level offending by younger children which does not need prosecution at court can be dealt with quickly and easily, while still allowing that child to receive the support they need to stop offending. If a child is sentenced in court, there are a number of flexible community sentences available. Referral orders require the child to attend a meeting with a panel including members of the local community and agree the steps they will take to change their behaviour. Youth rehabilitation orders can have specific requirements attached, such as a mental health or education requirement to address the child’s offending behaviour. This allows the court to tailor the sentence to the young person by addressing their individual needs and ensure that the community is protected.

The Government have also taken steps to make sure that these young people are not subject to custody except in the most serious cases. Custody is only available for 10 and 11 year-olds if they commit a crime where an adult would be liable to a sentence of at least 14 years’ imprisonment. In addition, courts must consider imposing a community order with a high-intensity supervision requirement before they can pass a custodial sentence. If the court decides to order a custodial sentence, it has to explain why it has done so in open court. The fact that, between 2007 and 2016, just five custodial sentences were given to 10 and 11 year-olds shows that all but the most serious cases of offending are being dealt with in the community. Even if a child of this age is sent to custody they would be placed in a secure children’s home. Here, there is strong focus on addressing their and their family’s needs as well as the offending behaviour.

I turn briefly to the issue of whether responses to criminal activity are age-appropriate. When considering the most appropriate response to offending by a young person, the age and maturity of the child is always taken into account. We are keen to ensure that, wherever possible, and depending on the severity of the offence, children are not unduly prosecuted. This is why most children aged 10 to 14 are diverted from the youth justice system or receive an out-of-court disposal. Where a 10 to 12 year-old child is prosecuted, the court is required to take their welfare into account, as it must when dealing with all those under 18 when determining the appropriate sentence. This includes taking into account the age of the child—their chronological age as well as their maturity.

We are aware that most European countries have a higher minimum age of criminal responsibility, and that the United Nations considers 12 to be the minimum acceptable age. However, countries such as Switzerland, South Africa, Australia and the United States also have an age of criminal responsibility of 10. We believe that each country must make a judgment based on its own circumstances and procedures. It is not as simple as saying that our age of criminal responsibility should be the same as that of other European countries. Indeed, it can be misleading to make such simple comparisons. Having the age of criminal responsibility at 10 enables the youth justice system to deal with those cases which require the justice system to be involved but, crucially, it does not preclude other types of intervention instead, where this is a more proportionate response.

I assure the noble Baroness, Lady Chakrabarti, that we are committed to reforming youth justice, and the government-commissioned Taylor review of the youth justice system was published in December 2016. The Government are implementing a number of the recommendations, including developing plans for secure schools, which will provide a safe, secure environment with education and health at its heart. We are committed to ensuring that young offenders receive tailored education, health and care interventions that meet their needs, so that they are better prepared for life in the community and, most importantly, so that they do not reoffend.

It is important that both the public and the victims of crime have confidence in the youth justice system and for communities to know that young people’s offending behaviour will be addressed. Victims of serious crimes committed by 10 and 11 year-olds must feel assured that those responsible can be proceeded against by the courts. But we must also ensure that these young people are rehabilitated and educated if we want them to cease their criminal activities.

In conclusion, the Government believe that the age of criminal responsibility is appropriate and accurately reflects what is required of our justice system. For these reasons, the Government do not support the Bill.