The Custodial Detention of Children and the Youth Justice Review

1. The Custodial Detention of Children and the Youth Justice Review Una Convery and Linda Moore Knowledge Exchange Seminar 21 March 2013

2. Presentation draws on… • Youth Justice Review (2011) & Implementation Plan • NIHRC research (Convery and Moore 2006) • The UN Convention on the Rights of the Child (CRC)

3. Children’s Rights • International instruments provide framework of minimum standards, for example: • Early intervention to meet children’s needs • Diversion and alternatives to prosecution • Minimal use of detention with appropriate alternatives • Rehabilitation and resettlement into community post- release • Youth Justice Review Team recommended • Incorporation of Article 3 CRC (best interests principle) within youth justice legislation

4. Minimum Age of Criminal Responsibility • MACR = 10 • Not internationally acceptable (UNCRC 2007) • Raise immediately to 12 with subsequent increases • Review Team recommended • Raise MACR to 12 with immediate effect • Within three years consider raising to 14 • Develop appropriate local services to meet needs of children diverted from the criminal justice system due to MACR change

5. European Network of Ombudspersons for Children “It is essential to establish responsibility for crimes. … But this process does not have to lead to criminalising children … [states] should aim to progressively raise [the age of criminal responsibility] to 18, developing innovative systems for responding to all juvenile offenders below that age which genuinely focus on their education, reintegration and rehabilitation” (2003).

6. Delays • OFMDFM (2006; 2008) commitment to reduce: • 20.7 week delay • Youth offending • Numbers entering the youth justice system • Numbers sentenced to custody • Review Team • Found delays of 260 days (approximately 37 weeks) • Recommended statutory time limit from arrest to disposal of 120 days (approximately 17 weeks)

7. Custody as a Last Resort • There is an over-use of custody for children: • Under the Police and Criminal Evidence (NI) Order 1989 • Remanded by the courts (3/4 of detained population) • For non-serious and non-persistent offending • Not deemed to require a custodial sentence • From the care system • Review Team recommended adequate and appropriate provision to end the over-use of custody

8. Preventing Reoffending • Custody is expensive & ineffective in preventing reoffending • Reducing the use of custody would: • Promote the health and well-being of children • Have a positive impact on youth offending rates • JJC praised for positive work of staff and initiatives, but there are high reconviction rates (72.9%) • Desisting from crime can present significant difficulties for some young people

9. Social and Health Needs of Children in Custody • Serious mental health problems and poor physical health • Learning disabilities and statements of educational needs • Speech, language and communication difficulties • Histories of self-harm and suicide attempts • Experiences of violence, sexual, physical and emotional abuse • Experiences of trauma & bereavement • Parental substance misuse and/or mental health difficulties • Bullying and paramilitary threats

10. Transition from Custody to Community • Review Team concluded high reconviction rate for children leaving custody reflects: • Lack of adequate preparation for release • Inadequate support post-release • Children leaving custody need support with: • Mental health issues • Family break-down • Trauma caused through experience of violence and abuse • Accommodation • Employment, training and education

11. Under 18’s in Prison Service Custody • Children should not be detained in the adult prison system (CRC Article 37c) • Minister of Justice, David Ford (28 June 2012) announced detention of under-18s in all but the most exceptional circumstances to cease from 1 November 2012

12. Conditions in Hydebank Wood • Over-emphasis on security • Long periods of lock-up • Inadequate support for prisoners who self-harm • Problems with healthcare assessment and delivery • Severe punishments for disciplinary offences • Lack of opportunities to spend time in fresh air • Inadequate levels of meaningful activity • Poor quality of, and access, to educational provision • Prison Review Team recommended transforming Hydebank into a ‘secure college’ focused on young people’s education, training and employment needs

13. Girls in custody • Girls comprise a small proportion of custodial population • Concerns about the treatment of girls include: • Needs are sometimes neglected • Lack of research on the particular needs of girls • Need for the development of gender-specific strategies

14. Conclusions • Explicit incorporation of the best interests of the child (CRC Article 3) in youth justice legislation • Raise the minimum age of criminal responsibility • Reduce delays • Reduce the use of custody and provide adequate & appropriate alternatives • End the use of Prison Service custody for ALL children • Develop a strategy for young people who offend (aged 18 – 24) • Develop gender-specific strategies • Develop evidence-based policies