Custody is reserved for those convicted or accused of the most grave offences, and the total number of children in detention has fallen by 82% since 2010. Before a child can be remanded, the court must be satisfied that it is very likely that the defendant will receive a custodial sentence, and must have explicitly considered and rejected the option of remanding him or her into local authority care.
Some 44% of places in youth custody are taken up by children and young people on remand who do not go on to receive a custodial sentence. Yet children held in young offenders institutions spend most of their time locked up in their cells, amid high levels of violence. Does the Minister think that that is the best place to spend time during adolescence?
The hon. Lady makes an important and compassionate point. It is absolutely right that we should invest in the estate, and I am pleased that we are investing in a new secure school, which will open soon. She makes an important point about the decision to remand. Those decisions are made by independent judges—that is correct—but I hope that she will join me in recognising that the reduction in the overall number of children in custody by 82% since 2010 is a positive thing. When I was prosecuting, young people were going inside for being passengers in vehicles taken without consent. Now, they are inside only for the most grave offences.
James Gray (North Wiltshire) (Con)
Will the Lord Chancellor take into consideration one of the recommendations of the Wade report on sentencing for murder? The definition of “children” should be reconsidered. At the moment, someone who is 16 or very often 17 might be tried when they are 18, but they are sentenced as if they are a child. Surely the question should be the crime rather than the age.
We have altered the sentencing regime such that the courts can take into account what can be quite significant gaps between the sentencing regime that applies to a 17-year-old and that which applies to an 18-year-old. The courts now have additional discretion to ensure that if somebody is very close to their 18th birthday, they can be treated as more mature, which can mean, in appropriate cases, that the punishment will be more severe.
Almost two thirds of children on remand in youth detention do not go on to receive a custodial sentence, and 17% are acquitted, meaning that they were freed from a criminal charge altogether. It costs between £129,000 and £306,000 per year to keep just one child on remand in youth custody. Does the Minister view that as the best use of public money, or does he feel that it could be managed in a more efficient and effective way with an alternative remand provision?
In 2010, the total number of children in custody was over 3,000; that figure is now around 500, so there has been a significant reduction. The decision of whether to remand is a matter for the judges. They can remand in custody only if there are substantial grounds for believing that, if released on bail, the child will commit further offences or indeed fail to surrender. We are also investing millions of pounds in Greater Manchester, for example, to see whether there are other options in remanding children into local authority accommodation and not necessarily into custody.
8. What steps his Department is taking to help ensure public confidence in the support provided to victims throughout the criminal justice process.
Employment Tribunal Panels
Rwanda: Asylum and Immigration
Parc Prison
Children and Young People: Reoffending
Prisons: Illegal Drugs
Custodial and Community Sentencing
Prison Capacity
Non-disclosure Agreements
Reoffending Rates
Support for Jurors
Immigration: Legal Aid
Court Case Backlogs
Legal Aid
Domestic Abuse
Topical Questions
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The Parliamentary Under-Secretary of State for Justice (Laura Farris)
ConservativeNewbury
With the Victims and Prisoners Bill, we are putting the victims code on a statutory footing. It includes a right for any victim of crime to be signposted by the police to correct and appropriate support services. We have quadrupled victims funding since we took office in 2010 to over £150 million a year, and have recruited almost 1,000 independent sexual violence advisers and independent domestic violence advisers into the criminal justice system. In addition, we provide a range of freephone support lines, including a 24/7 hotline for rape.
Rapists, domestic abusers and stalkers cannot be convicted if trials are not going ahead, and victims are dropping out after being made to wait years for justice. Where is the Government’s plan to tackle the record court backlog, which is making victims wait years for justice?
We are doing a huge amount to drive down the backlog, which was principally a result of the pandemic. We have increased the fees for both solicitors and barristers by 15%; we have kept open more than 20 Nightingale courts; and we are doing everything within our power to drive down waiting times.
Bearing in mind that Harrow Crown court is not set to reopen for another year because of Ministers’ failure to invest in its repairs early enough, what confidence can victims of crime in Harrow have that Ministers are going to get those who are accused of those crimes to justice much more quickly than is currently the case?
As the hon. Gentleman will know, the issue with Harrow Crown court is that reinforced autoclaved aerated concrete was discovered in that building. We are investing more than £220 million in the court estate, because we know how much it matters, not just so that the courts are functioning, but so that the buildings convey the right sense of dignity so that people respect the process. Harrow is just one of 350 courts in England and Wales.