Appearances by children and young people in the Youth Court has hit a 12-year low, figures released to the JEP show.
The number of under-18s serving custodial sentances is also at a record low.
Now the Youth Justice Review, which was released this week and stems from recommendations from the Independent Jersey Care Inquiry, has praised relevant agencies for improvements since a previous review was carried out nine years ago. However, numerous recommendations to improve the way young people are dealt with have also been set out.
The Independent Jersey Care Inquiry, conducted after decades of abuse suffered by children in the Island, concluded that ‘the youth justice system move to a model that always treats young offenders as children first and offenders second’.
Children’s Minister Senator Sam Mézec said: ‘The review makes a significant number of recommendations that have been accepted in principle by the Council of Ministers.
‘These recommendations are significant and wide-ranging, and bringing them to fruition will require the commitment of time, resources and political will across all parts of the government.’
The number of appearances by young people and children in the Island’s Youth Court has plummeted from a high of 219 in 2009 to 42 last year. The figures relate to appearances and not individuals, thus several appearances may be attributed to one offender.
Total cases heard by the Youth Court has fallen from a high of 344 in 2009 to 58 last year.
Speaking to the JEP, Magistrate Bridget Shaw said that for several years there has been a conscious effort to deal with young offenders outside of court such as at parish hall inquiries.
Recommendations set out in the report include;
- Raise the age of criminal responsibility to at least 12 years old, in line with ‘international standards’. It is currently ten. A review is due to be held in 2021
- Parish hall inquires – involve agencies such as the Youth Service and better prepare Centeniers for dealing with children
- Greater use of ‘restorative resolutions’ – rehabilitation of offenders through reconciliation with victims – for young offenders and the introduction of a ‘victim advocacy scheme’
- Make court hearings involving young people ‘more informal and sensitive’ by training ‘sentencers’ in ‘child appropriate’ approaches in court
- Carry out a ‘value for money’ exercise to estimate the costs of the different elements of the youth justice system such as parish hall inquiries, court appearances, secure accommodation.
- Changes to the Criminal Justice (Young Offenders) (Jersey) Law 2014 to include reference to UN Human Rights legislation which states that ‘the best interests of the child shall be a primary consideration’
- Find and create ‘specialist foster care’ and ‘suitable residential units’ as part of a Bail and Accommodation Strategy to prevent children being held in police custody or secure accommodation overnight after being apprehended
The review also welcomed data that showed fewer young people were being held in custody. However, it said that, as a result, the small number of people who do end up in youth custody were suffering from ‘social isolation’. At the time the report was written there was only one young person serving a custodial sentence.
Concerns were raised about the ‘education and training opportunities’ on offer to those serving time and the fact that girls could still be placed on the adult female wing at La Moye. The report found: ‘Although this is a rare occurrence, this is clearly in breach of international conventions.’
It added: ‘… there is an issue of securing appropriate accommodation in the community for young people. As a result they are placed at risk of being kept overnight in police custody and/or being remanded in custody. This is an issue that should be tackled as a matter of urgency.’
The report found that young people’s offending in Jersey tends to be at the ‘less serious end of the spectrum’ and most ‘grow out of crime’. However, the report added: ‘Prolonged and intensive exposure to the criminal justice system is likely to extend and entrench offending behaviour. There is merit, therefore, in diverting young people from the criminal justice system wherever possible.’
The document found that most young who are apprehended are now dealt with at parish hall inquiry level – an ‘effective’ and ‘good example of informal justice’, the report concluded.
The States and honorary police were also praised for dropping its ‘somewhat confrontational style of policing’ when it came to young people. A 2010 review into the Youth Justice System criticised the force. However, the latest report found: ‘Considerable progress has been made in the intervening period. There has been a welcome change to the way in which young people are policed…’
