Lord Browne of Ladyton
Main Page: Lord Browne of Ladyton (Labour - Life peer)I do not think I heard the whole question from the noble Lord, but if it is about the age in law, I have answered that question before. If that is an issue, the Police, Crime, Sentencing and Courts Bill, which is coming from the other place shortly, will be the place to discuss it fully in this House.
My Lords, when there is an admission of guilt and the offender is under 18 at the date of disposal, there is a strong presumption in favour of diverting to an out-of-court disposal. This does not apply if the offender reaches their 18th birthday after the crime occurred but before their first court appearance. Does the Minister not agree that that is arbitrary, unjust and probably not in the public interest? How difficult would it be to correct the anomaly?
The noble Lord has a point here, but the youth courts look after very young children, who have very different needs from young adults. Special measures exist in the youth courts that are intended to protect young children. Throughout court proceedings, however, consideration is given to the age of the defendant, whatever it is, including in the adult courts. It is important that we realise that there are systems within the adult courts to look after these young people. But the noble Lord is correct in saying that this is an issue that needs to be discussed, and I suggest that it should be discussed in the passage of the forthcoming Bill.