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youth justice

Organisations Join in Call to ‘Stop Criminalising Our Children’

28 November 2022
Sam Nelson
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Categories: News

28 November 2022

Experts and children address event in support of raising the age of criminal responsibility to 16

Raising the age would remove a considerable number of children from the justice system

A Department of Justice NI consultation is due to close on 23 December 2022

The current age of criminal responsibility in NI is ten, one of the lowest in Europe and the developed world

Queen’s University Belfast, Centre for Children’s Rights, the Children’s Law Centre, Include Youth, NIACRO and Voice of Young People in Care (VOYPIC) have jointly called on support for raising the age of criminal responsibility in Northern Ireland to 16, with no exceptions.

The call came at an expert led event titled ‘Stop Criminalising Our Children’ hosted today (Monday 28 November) at Queen’s University, where attendees heard from a range of experts, including children themselves.

The UN Committee on the Rights of the Child has been quite clear that developed democratic societies should be aiming high and raising the age of criminal responsibility to 16 – Fergal McFerran, Children’s Law Centre

The event was organised in response to the Department of Justice NI’s consultation on whether the age of criminal responsibility should be raised in Northern Ireland. The five organisations believe this is the right opportunity to lead the way and raise the age to 16, with no exceptions. This would bring Northern Ireland in line with best practice, protect vulnerable children who are being failed, and provide better outcomes for society.

Joint Briefing – 10 Reasons Why 10 Is Too Young

Speaking about Northern Ireland being well behind international standards, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said:

“We’re failing our children and young people in Northern Ireland by criminalising them at such an early age. We’re also hugely out of step with international children’s rights obligations. The UN Committee on the Rights of the Child has been quite clear that developed democratic societies should be aiming high and raising the age of criminal responsibility to 16. Indeed, as far back as 2008, the then Chair of the Committee made that very point at the Children’s Law Centre annual lecture.”

Highlighting the impact criminalising children has on their lives, Dr Paula Rodgers, Policy Coordinator from Include Youth added:

“As a rights based charity for children and young people, Include Youth are concerned about the impact of criminalising children from aged ten. As well as increasing their chances of moving further in to the justice system, it can alienate them from society, create barriers to education, future employment and have huge implications on their mental health.

“Research has proven time and time again that criminalising children does not work. A low age of criminal responsibility that seeks a criminal justice solution to welfare issues, poverty, adverse childhood experiences and trauma simply accelerates already vulnerable children into the system. A needs based approach that focuses on trauma and rehabilitation can not only help the child or young person, but the whole community.”

Calling for better preventative strategies to divert young people from the criminal justice system, Fiona Greene, Chief Executive of NIACRO, said: 

“NIACRO fully supports raising the minimum age of criminal responsibility to 16. Raising the age would make a significant impact in removing the numbers of children entering the criminal justice system and ensure they are supported, and not punished, and behaviour is addressed. It would also support the expansion of evidence based Early Intervention services and programmes and demonstrate a commitment to trauma informed practice. 

“We need to see movement on this crucial issue now, our children deserve to see movement.”

Research has proven time and time again that criminalising children does not work” – Dr Paula Rodgers, Include Youth

With one in three children detained in the Juvenile Justice Centre having experience of care, Alicia Toal, Chief Executive of VOYPIC said:

“Research tells us that children in the youth justice system come from our most deprived and disadvantaged communities. Those with speech and language difficulties, poor mental health, or living in care, are more likely to be over-represented among this group of children.

“Raising the minimum age of criminal responsibility is one clear step we can take to redress this discriminatory approach, stop the criminalisation of children in care, and build a safer and fairer community for everyone.”

Joint Briefing – 10 Reasons Why Ten Is Too Young

Dr Siobhan McAlister, from the School of Social Sciences, Education and Social Work at Queen’s University Belfast said:

“The Centre for Children’s Rights at Queen’s welcome this public consultation on raising the minimum age of criminal responsibility in Northern Ireland. It is long overdue. We retain one of the lowest ages of criminal responsibility in Europe. The event hosted at Queen’s provides an opportunity to influence this public consultation by presenting some of the evidence demonstrating why raising the age of criminal responsibility is the right and necessary thing to do.”

“I was 13 the first time I had contact with the police and at the time I was in kinship care… No one asked me what was going on or why I did what I did” – ‘Chris’, now aged 19

Young people with experience of the criminal justice system have added their voice to the calls

‘Chris’, now aged 19 said:

“I was 13 the first time I had dealings with the police and at the time I was in kinship care. I was told I was in a lot of trouble, but no one asked me what was going on or why I did what I did.

“This was the start of my mental health getting bad. I was in consistent fear of being stopped by the police and everyone where I’m from thinking I was a bad kid.

“At that age you do stupid things you don’t realise the impact. If someone who was nice and could understand and help kids learn what would happen if they did these things or find out why they did do them and help them so they don’t do it again.”

‘Mark’, now 18, had a similar experience:

“I felt peer pressured, I didn’t know right from wrong at that young age.

“I was doubting myself and I don’t think any 13 year old should feel threatened because they are not educated on policing and law and order.”

“I didn’t know right from wrong… I was doubting myself and I don’t think any 13 year old should feel threatened because they are not educated on policing and law and order” – ‘Mark’, now aged 18

Key Statistics

According to government figures, there were 456 individual children aged 10-15 years old referred to the Youth Justice Agency Services in 2021/2022.

Of the 106 individual children in custody in 2021/2022, 33 were subject to a Care Order and 3 were Voluntary Accommodated.

There were 1,057 10-15 year old children recorded as having received prosecutions at court and out of court disposals in 2021.

The cost of holding a young person in custody during 2020-21 was £190,206 (expressed as the cost per place including corporate overheads) or £829,988 when expressed as the cost per occupant. Government figures from the Department of Justice, reveal that the one year proven re-offending rate of young people for custody release was 16 out of 20 young people. Non-custodial disposal with supervision was 45.6% | Non-custodial disposal without supervision was 38.6% | Diversionary disposal was 21.5%

Joint Briefing – 10 Reasons Why 10 Is Too Young

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Inspection Report Highlights Serious Flaws in Youth Justice System

30 September 2022
Sam Nelson
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Categories: News

30 September 2022

The Children’s Law Centre has called for significant reform of the youth justice system following publication of the inspection of Woodlands Juvenile Justice Centre (JJC) by the Criminal Justice Inspection NI. The report echoes a number of persistent issues recently raised in ‘Tracing the Review’, a report launched by CLC, Include Youth, VOYPIC and NIACRO.

Claire Kemp, CLC’s Policy Officer, commented: “While it’s welcome to see the report recommending regular staff training on children’s rights, it’s a source of great frustration that persistent systemic issues continue to be unaddressed.

“There are issues that have been raised in previous reports, raised in the youth justice review over ten years ago, and raised in ‘Tracing the Review’, a report written by leading academics last year. Children are being failed and that failure is having a damaging impact on the children themselves, on our public services and on our society. The pace of change needs to be much quicker.”

“The report again demonstrates that custody is not being used as a last resort, with children instead being admitted because there are no alternative options. This can often be children who have been involved in minor incidents and admitted to the JJC under article 39 of Police and Criminal Evidence (Northern Ireland) Order 1989 (PACE) pending court appearance. Or homeless young people held in custody because they have no alternative bail address.

“In fact, the report shows that 77% of all admissions are under PACE, yet only 50% of these result in being remanded or sentenced by the court. There needs to be alternatives for these children, they should not be admitted to the JJC.

 “It also remains deeply concerning that there is a significant over representation of particular groups of young people. Children in care, children with mental health needs, care experienced children and children from a catholic background are all over represented in custody at the JJC. This points to significant failings to provide the necessary support to these children before they reach custody. “The report rightly points out that the cost of admitting a child to the JJC is in excess of £800,000. This is money that could be better spent on interventions aimed at keeping children who are on the edge of the criminal justice system out of it altogether.”

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Call to End ‘Dangerous’ Spit Hood Use Amid Fears Chief Constable Plans to Make them Permanent

15 June 2022
Sam Nelson
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Categories: News

16 June 2022

Human rights and children’s organisations in Northern Ireland are calling on the Police Service of Northern Ireland (PSNI) to stop the use of controversial spit hoods, also known as spit and bite guards, ahead of an expected move to make their use permanent.

Amnesty International, Children’s Law Centre, the Committee on the Administration of Justice and Include Youth say the continued use of spit and bite guards may be in breach of equality legislation and therefore be unlawful.

The mesh hoods, designed to be placed over detainees’ heads, were ‘temporarily’ introduced in March 2020 as an emergency Covid measure. But subsequently the chief constable backtracked, accepting there is no medical evidence that the hoods prevent the virus’s spread.

Image read: The introduction of spit and bite hoods. 1) Spit hoods 'temporarily' introduced as an emergency covid measure, despite lack of evidence; 2) Human rights and children's groups say spit hoods may be unlawful; 3) PSNI refusing to publish public consultation findings on the equality impact of spit hoods

The joint call comes a year after a public consultation on the spit hoods’ equality impact – the PSNI has so far refused to publish the findings. Previous equality screening data from the police shows a disproportionate use of spit hoods on people with disabilities and on people from a Catholic community background and also revealed their use on children.

According to PSNI data, between 16 March and 31 December 2020, spit hoods were used 84 times: 81% against people with a disability, including a mental health disability, and 48% against people from a Catholic community background compared to 20% against people from a Protestant community background.

A response to a subsequent freedom of information request by the Children’s Law Centre revealed that from 16 March 2020 to 11 November 2021, spit hoods were used 16 times on under-18s, despite a policy against their use on children.

Even though the Northern Ireland Policing Board recommended their immediate phasing out in its November 2020 report, Review of the Police Service of Northern Ireland (PSNI) Response to Covid 19,  PSNI Chief Constable Simon Byrne has instead expanded their use, issuing spit hoods to 4,000 additional police officers. The Policing Board has now called for the devices only to be used under stringent conditions.

In February 2022, the Policing Board published a review of their use, issuing 21 recommendations for the PSNI to adopt and implement. To date, the Chief Constable has not made clear whether the PSNI will adopt and implement any of the Policing Board’s recommendations.

Patrick Corrigan, Northern Ireland Programme Director of Amnesty International, said: “The Chief Constable rushed to deploy spit hoods with zero evidence that they prevent the transmission of Covid-19. Then he doubled down on that flawed decision, in defiance of the Policing Board, issuing them to thousands more officers. Now we fear that he is about to attempt to make their use a permanent feature of policing in Northern Ireland, despite the Policing Board’s and civil society groups’ serious human rights concerns.

“The police have not met the threshold for the necessity and proportionality for this type of use of force. Given serious concerns around potentially dangerous physical and mental impacts, particularly on vulnerable groups, spit hoods need to be withdrawn from use.”

Paddy Kelly, Director of the Children’s Law Centre, said: “The Children’s Law Centre is extremely concerned that spit and bite guards have been regularly applied to children since their introduction.  We are further alarmed at how little care has been taken to adhere to the PSNI’s own equality duties throughout the past number of years regarding their use.

“The PSNI introduced spit hoods without undertaking an equality impact assessment and have now failed to publish the equality impact assessment results a full year on from it being conducted. We believe their ongoing use is unlawful as well as being in breach of human rights obligations.

“Their use on children is even more concerning given that children who come in contact with police are more likely to have a disability, mental ill-health or a learning disability.  It is unclear how a police officer using a spit hood on a child can know if a child has a learning disability or suffers from serious mental ill health. Indeed, early analysis shows that protected groups are more likely to be adversely impacted by the practice. Their use should cease immediately.”

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Decade of Delay on Key Youth Justice Recommendations

23 November 2021
Sam Nelson
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Categories: News

23 November 2021

Children’s rights in Northern Ireland are being compromised by a failure to implement youth justice review recommendations

That’s the key message after the launch of a new expert led research report, jointly commissioned by four leading third-sector organisations – Children’s Law Centre, Include Youth, NIACRO and VOYPIC – Voice of Young People in Care.

Download the Report

The independent research, titled ‘Tracing the Review: Developments in Youth Justice in Northern Ireland’, was conducted by Dr Siobhan McAlister and Dr Nicola Carr, experts in the field of youth justice in this jurisdiction. It tracks the progress of several key recommendations made a decade ago in the Youth Justice Review and was launched in Parliament Buildings on Tuesday 23rd November at 1pm.

The new report draws particular attention to the lack of progress in relation to raising the minimum age of criminal responsibility, a key recommendation from the Youth Justice Review. It also outlines a number of key findings, including the need to ensure compliance with children’s rights and human rights standards.

Paddy Kelly, Director at the Children’s Law Centre said: “In this jurisdiction, we have one of the lowest ages of criminal responsibility in Europe, and indeed the world. The recommendation to raise the age of criminal responsibility is one of the key elements of the Youth Justice Review ten years ago but it has remained unimplemented. The UNCRC clearly recommends raising the age to 16 and the NI Executive has a duty to comply with UNCRC obligations. We cannot cherry pick children’s rights.

“Failure to raise the age has serious real world impacts on vulnerable children. Rather than addressing the failures that have pushed young people towards the criminal justice system, we are criminalising them. This in turn can have lifelong negative impacts, both on the children affected and the criminal justice system itself.”

Read the Report

Dr Paula Rodgers, Policy Co-Ordinator at Include Youth said: “The overuse of remand and the placement of children into custody remains areas of concern. The recommendations of the Review concerning the development of alternatives to custodial remand have not been brought forward, and such lack of alternatives remain a fundamental weakness in provision.

“Whilst numbers are small the simple fact is one young person held in custody is one too many. A further concern is that care experienced young people are disproportionately represented in these numbers and this is something that needs to change as a matter of urgency.”

Olwen Lyner, Chief Executive of NIACRO said: “Legislation should be brought forward to give effect to all aspects of Recommendation 21 of the Youth Justice Review, with respect to criminal records. This is particularly the case with respect to recommendation 21a of the Review “to ensure diversionary disposals do not attract a criminal record or be subject to employer or more general disclosure”.  

“Indeed, the recent judgment in relation to the judicial review on the Rehabilitation of Offenders and the necessary policy consultation that will follow, gives an opportunity for these issues to be dealt with.”

Alicia Toal, Chief Executive at VOYPIC, said: “Whilst overall numbers of children and young people held in custody have declined, we are concerned that children and young people from care continue to be over-represented amongst those on remand and in custody under PACE provisions.  Compliance with children’s rights standards would ensure that custody is only used as a measure of last resort.  This report highlights the need for urgent action from the Executive, to ensure better outcomes for all children across the region.”

Tracing the Review: Developments in Youth Justice in Northern Ireland 2011 – 2021

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