Youth Justice System

Lord Bourne of Aberystwyth Excerpts

Tuesday 23rd March 2021 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My noble friend is correct that under current legislation, the date of the hearing determines whether the defendant appears in a youth court or in an adult court. However, she should not draw the wrong conclusion. Measures exist in adult courts to support defendants who are particularly vulnerable, and throughout court proceedings consideration is given to the age of the defendant. Like referral orders in youth courts, community order requirements for adults can also be tailored to address an offender’s needs and support their rehabilitation. Finally, HMCTS is working to increase the throughput of cases in the courts and, while listing is a matter for the judiciary, youth cases have been prioritised to ensure that they are listed as expediently as possible, especially when a child is almost 18.

[Lord Bourne of Aberystwyth (Con) [V]]

My Lords, the most recent official data show that 1,400 offences a year are committed by children who turn 18 prior to the trial. That number is rising, to some extent understandably, because of Covid delays, which means that the flexibilities and some of the specialities of the youth justice system are lost to these defendants. It is a serious issue. What are the Government doing, particularly with regard to the backlog because of Covid?

[Baroness Scott of Bybrook (Con)]

The youth justice working group, chaired by the judicial lead on youth justice, has been set up exactly to reduce the impact of Covid-19 delays on the youth court and trials involving youths in the Crown Court. This group continues to meet regularly to carefully monitor the youth recovery programme, and its highlight for this year is to continue to make sure that the lists are as low as possible for a child, particularly if they are just about to turn 18.