Data obtained via a recent parliamentary question reveal that hundreds of young people are tried, convicted and sentenced as adults in the Crown Court every year despite their alleged offences having been committed when they were under 18.
Responding to the question asked by Alex Cunningham (Shadow Minister for Courts and Sentencing), Victoria Atkins MP (Minister of State at the Ministry of Justice) reported that more than 900 people who were under 18 at the time of their alleged offences were treated as adults in the Crown Court in 2020, and that a further 721 such cases had occurred in the first half of 2021. No comparable data is yet available from magistrates’ courts.
Since 2019, the Magistrates’ Association (MA) has been advocating for a change in the law on turning 18. Following a motion being passed with an overwhelming majority at our 2020 annual general meeting, we have been conducting policy activities—including assisting with preparing a Ten-Minute Rule Bill, proposed by Rob Butler MP, that sought a change in the law.
Unfortunately, recent legislation—such as the Police Crime, Sentencing and Courts Act 2022—has missed the opportunity to ensure that children are dealt with in the youth court, with the benefit of different procedures and sentencing guidelines.
With significant court delays and backlogs likely to further exacerbate this situation, the MA remains committed to changing the law in this area. We are collaborating with partners across the justice system to ensure that children who are accused of crimes are treated as children when their cases are heard.
