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The United Nations Committee on the Rights of the Child (the “UN Committee”), has made it clear that “child justice systems should also extend protection to children who were below the age of 18 at the time of the commission of the ofence but who turn 18 during the trial or sentencing process1.”
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Despite the general rule, the youth court may retain the sentence of a child who turns 18 before conviction if crossing the age threshold occurs during the proceedings. Alternatively, the court may exercise a discretionary power to remit sentence to the adult magistrates’ court. 20
officials in several states are considering extending the upper age limits of juvenile court jurisdiction beyond age 18 to include emerging adults or young people through their early v20s.
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- Frequently Asked Questions
The principal aim of the youth justice system is to prevent offending and we believe that, wherever possible, children who offend should be managed in the community as it is more beneficial for their rehabilitation. The reforms in this Act will provide courts with the tools they need to deliver stronger community sentences, supporting the welfare o...
This Act makes a number of changes to the Youth Rehabilitation Order (YRO). The YRO is a youth community sentence that allows courts to choose from a selection of 18 requirements, including curfews, education, activity, unpaid work, and health. We will increase the flexibility of the curfew requirement by raising the daily maximum hours from 16 to ...
These reforms were initially proposed in the Government’s White Paper, A Smarter Approach to Sentencing, published in September 2020, which set out a number of proposals for strengthening the youth justice system. The approach to youth sentencing is distinct from that for adults. It has a separate sentencing framework, which is focussed on reducing...
Q: How will the measures help to rehabilitate young people?
A: Sentencing should allow children the support they need to turn their lives around while ensuring that the public are protected. Rehabilitation is an integral part of the whole youth justice system and courts must always consider the welfare of the child when sentencing. We recognise that the reoffending rate for children is high and that is why we intend to take forward measures which give the courts powers to give stronger alternatives to custody. While courts must have all sentencing opt...
Q: What benefit will increased curfews have?
A: We know that there will be times when a child is more at risk of committing further offences. For example, at weekends when they may have more free time and may find it more challenging to stay away from undesirable influences. By increasing the daily curfew maximum from 16 to 20 hours while keeping the overall weekly total at 112 hours we are giving courts flexibility to give a more tailored sentence while not allowing greater total restrictions on liberty in any given week.
Q: Why are you piloting the changes to YRO with ISS?
A: Piloting will allow us to ensure that the process is effective before considering a national rollout and allow services to put the right measures in place to ensure such orders are not only effective as an alternative to custody, but also to rehabilitate children who have committed serious offences.
Aug 12, 2021 · Accordingly, officials in several states are considering extending the upper age limits of juvenile court jurisdiction beyond age 18 to include emerging adults or young people through their early 20s.
May 17, 2021 · According to the Campaign for Youth Justice (2019a, b), additional states have considered legislation to move beyond 18 years old as the maximum age.
Sep 8, 2020 · The minimum age of criminal responsibility was set at seven years. As such, once children reached the age of seven years they were deemed to be fully culpable before the law and exposed to precisely the same – often Draconian – penalties as adults.
