12th May 2011
'Into the Breach', a new report released by the Prison Reform Trust summarises the findings of a project concerning children under the age of 18 who are in breach of their anti-social behaviour order or criminal justice order. The aim of this project was to increase understanding of the way statutory orders are enforced. Children who fail to comply with the conditions of a statutory order may be returned to court and sentenced for the breach, regardless of whether they have committed further offences or anti-social acts. The courts have a range of options open to them when considering their response but sentencing guidelines state that sentencers are not obliged to impose a punitive penalty even if the breach is proved, and custody is meant to be a last resort.
As part of the study, individual interviews were conducted with a small number of children in custody for breach of a statutory order. The participants complained that they had not been consulted about the conditions attached to their order, nor had they been asked about any potential barriers to their ability to comply. For some participants, the perception was that custody would be inevitable. The report also finds that breach offences account for a disproportionate number of younger children, girls and those of white ethnicity in custody. Around 20% of children in custody have been found guilty of a breach offence, and in 2009/2010 an average of 9% of children were in custody solely for breach of a statutory order, usually a community sentence. Youth Offending Teams also expressed concerns about inconsistent sentencing for breach, believing that detention was not always used as a last resort.
The report recommended that steps should be taken to ensure that the provisions of orders are achievable and that children are not being set up to fail. It also advised that children should be more involved in the decision-making process, giving them some input in the conditions and interventions they were subject to. Improvements the provision of in community-based interventions were also called for
A similar report 'Young People on Remand' was published in Ireland in 2008. Among the main findings were that young people on remand do not clearly understand their bail conditions and bail support is hopelessly inadequate. Coupled with excessively long periods on remand, the failure to monitor and support young offenders on remand means that they are at high risk of re-offending. The report shows that the principle of detention as a last resort enshrined in the Children Act 2001 is not being respected in relation to remand, and that a significant proportion of young people who have not been convicted are being detained for extended periods in St. Patrick's Institution and Children Detention Schools.
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Respect for rights in the penal system with prison as a last resort.