Young Offenders: Sentencing Guidelines

Lord Marks of Henley-on-Thames Excerpts

Thursday 16th March 2017 Lords Chamber

[Baroness Buscombe]

My Lords, I entirely agree with what the noble Lord has said—and indeed I have good news on that front. First, let me say that the youth offending statistics are very encouraging. Since the creation of the youth justice system, the number of young people in that system has fallen dramatically. More attention has been paid in recent years to low-level offending by children. An example of what the Government see as an important response to the noble Lord’s question is that, as a result of Charlie Taylor’s review of the youth justice system, the Government have committed to developing two new secure schools as a pilot to accommodate young people who are currently being detained in youth offending institutions and secure training centres. There will be a strong focus on education and welfare. The schools will provide a new form of custodial provision with better outcomes for young people: in short, placing education at the heart of their detention to improve their life chances and deter reoffending.

[Lord Marks of Henley-on-Thames (LD)]

My Lords, the new guidelines recognise that particular factors arising from ethnicity, such as a history of discrimination, should be considered when sentencing young offenders. On the MoJ’s own evidence, the system currently disadvantages ethnic minority boys in particular. They are more likely to be arrested and charged, and then sent to the Crown Court to be sentenced and to receive a custodial sentence. How does the MoJ propose to address this inequality, and in particular what help with this can it offer young offending teams?

[Baroness Buscombe]

My Lords, the noble Lord is right that judges, particularly when children or young people are involved, consider the individual circumstances of each case to prevent reoffending and to stop young people falling into a life of crime. This includes being aware of the factors contributing to the overrepresentation of black and minority ethnic children and young people in the youth justice system. The new guideline aims to ensure a consistent approach to sentencing and to look in far greater detail at the age, background and circumstances of the individual child. This is in order to reach the most appropriate sentence that will best achieve the principal aim of the youth justice system, which is preventing reoffending.