Criminal Justice and Courts Bill

Debate between Sarah Champion and Yasmin Qureshi

Tuesday 17th June 2014 Commons Chamber

[Yasmin Qureshi]

I entirely agree and can give an example to the House of a case I had when I was a prosecutor. A young man, aged about 14, was in a care home. He set light to a curtain but realised quickly what he had done and tried to put out the flames. He did, and nobody was injured. People might think that he should have been put into prison and have the key thrown away. But let me tell the House the circumstances of that young man’s life. On the day in question, the young boy had been in court to give evidence against his mother’s boyfriend, who had sexually abused his younger sister. When he arrived at court to give evidence against his mother’s boyfriend, immediately upon seeing him she punched him in the stomach. He burst out crying and ran away from the court to the care home where he did this, before realising what he had done. That is the sort of thing we do not see in the headlines. The headlines would say, “14-year-old boy let off by the courts” if he received a conditional discharge or was not dealt with severely. Young people’s circumstances cannot be mentioned in public so people do not realise that a lot more can be happening in their lives than they think.

We know that most young people who have committed crimes have been abused themselves, either sexually or physically, or have been neglected or had cruel treatment. They are often psychologically damaged and the last thing they need is to go to a borstal-type school. What they need is structure in their lives and someone to care for them who will make life better for them.

[Sarah Champion]

My hon. Friend is making good points, particularly about the secure colleges and why young people need to be in a supportive environment. I want to apologise to the Secretary of State. I used the word “restraint” but he was right; “reasonable force” is the correct terminology. However, I still do not think that “reasonable force” is appropriate in a place that is meant to be nurturing young people.

[Yasmin Qureshi]

You will be pleased to know, Madam Deputy Speaker, that I shall now move to other aspects of the Bill, as I have made my point about secure colleges.

I want to refer to judicial review and I stand by the comments that I made earlier. The argument given against judicial review is that it is costly and that too many people are vexatiously seeking judicial review. As I said, one cannot just go to the court and say, “Can I have judicial review?” One has to seek leave to apply for judicial review and that application is assessed by a judge of the High Court, who are meant to be the ablest legal minds in the country. I know that they will not say to an applicant, “Yes, you can have it and we will use the court’s time.” They will not. They will review the case and look at the papers. Then, if they think there is merit in the application, they will take it one step further, look at the case and set it aside for a hearing. The Government seem to think that there are many so-called frivolous or vexatious judicial review applications, but many of them would be sloughed away by the internal judicial process in any event. Very few cases actually get to judicial review and—