MPs have issued a damning report on the failings that exist in Britain’s justice system for young people. Among the findings and recommendations contained within the report was a call for compulsory specialist training to be introduced “without delay” for criminal lawyers who work with children and young people.
The report is the result of a recent enquiry which was chaired by Lord Carlile, a barrister and Liberal Democrat peer. The enquiry stemmed from serious existing concerns about the adequacy of the UK’s youth justice system. In particular, there were concerns that courts do not give sufficient attention to the welfare of child defendants and do not effectively prevent reoffending.
According to the report, the system currently suffers from a lack of specialists. Many legal professionals, including judges as well as lawyers, are not trained to recognise the particular needs of young offenders and do not possess specific knowledge on how to handle cases involving young people.
The report also suggests that youth courts suffer from a misconception, with many believing they are not only simpler but also less important than adult courts. The result is that they are often used as a place for junior practitioners to begin their careers, which leads to poor representation and inappropriate sentencing.
Compulsory specialist training, the report suggests, would go a long way to combat these issues. Such training would cover the specifics of youth court law, defendant participation and practice directions. It would also cover a wide range of issues relating to the specialist needs of young defendants, including issues such as language and communication and mental health. The impact that interventions have, such as twice-yearly visits to custodial institutions, would also be covered.
New entrants into the youth justice system, according to the suggestions, would undergo an initial accredited training course comprising at least ten hours’ study. This would be followed by a two hour refresher course undertaken annually.
Many who contributed information and opinions to the study highlighted the inconsistency of current training arrangements. This, it was felt, was not in keeping with the requirements of other specialist areas of the law. District judges and magistrates both undergo specialist training, but the same is not currently true of legal practitioners within youth courts. Differences in training between youth justice courts and family courts were highlighted as particularly concerning, given that both handle cases with children who likely have similar needs.
The majority of respondents, including the Law Society, suggested that specialist training should be made mandatory for all legal professionals in the youth justice system.
