A briefing on the impact of turning 18 in the criminal justice system
Youth Justice Legal Centre (YJLC) says there are severe problems in the criminal justice system in the UK as due to system delay many children turn 18 between the commission of an offence and prosecution, resulting in real injustice. The coronavirus crisis has exacerbated these delays.
The Rights of the Child (by the “UN Committee”) state that “child justice systems should also extend protection to children who were below the age of 18 at the time of the commission of the offence but who turn 18 during the trial or sentencing process.”
The official data show that ca. 1400 offences a year are committed by children under 18. Turning 18 before the prosecution results that young people have their cases heard in adult courses and they lose the opportunity to benefit from the youth justice system. The reason is that there are no fast-track opinions for children and it can take months or years for the police to make a decision in these cases. The outcomes for children who turned 18 are way more different. They totally lose their chance to be a beneficial member of society.
Just for Kids Law (a UK charity) recommends timely justice for children committed offences. It also recommends a time limit (3 months) for which a child can be subject to release under investigation. Find more information in their briefing.
There is a legal guide developed as well by The Youth Justice Legal Centre, which aims to help lawyers navigate the different rules with practical advice in these cases under the below areas:
- The charging decision
- Mode of trial
- Bail
- Sentencing for offences committed as a child
- Sentencing for offences committed as a young adult
- Turning 18 while subject to a youth sentence
A Chief Executive at Just for Kids Law, Enver Solomon’s opinion is that the situation is much worse since the pandemic and more children being convicted as adults than before.
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