Young suspects “diverted” from criminal system

Monday 15 July 2019

“Positive” moves are being made by prosecutors to help children avoid falling into a life of crime, with suspects under 16 now routinely being given advice and support rather than being sent to court.

The Law Officers’ Department’s Criminal Division, which is responsible for prosecuting cases on behalf of the Attorney General in the Magistrate’s and Royal Court, said that nearly 20 young people were “diverted” away from the criminal justice system as a result of this policy last year.

Together, the group of 19 were suspected of 49 crimes, but the department decided that bringing legal proceedings against them would not be “in the public interest.”

The figure made up nearly 90% of the suspected offending the department decided to take no further action against in 2018.

Pictured: The Magistrate's Court, where Youth Court cases are heard.

A further seven adult cases didn’t meet the ‘Public Interest Test’ – part of the Attorney General’s Code, which follows the well-established principle that that law-breaking should not be automatically prosecuted, but each case taken on its merits.

The Code includes specific guidance for young offenders, which states: “The stigma of a conviction can cause very serious harm to the prospects of a young offender or a young adult. Young offenders can be diverted from entry into the criminal justice system at a Parish Hall Enquiry without the need for a Court appearance. The younger the child, the less likely that prosecution will be in the public interest. However, the seriousness of the offence or the offender’s past behaviour may make prosecution necessary. Young offenders should be prosecuted in the Youth Court (rather than the Royal Court) wherever circumstances permit.”

However, there are factors that can tip the balance in favour of a prosecution. These include the use of weapons, the targeting of public servants (such as nurses, police or prison officers), evidence of pre-meditation or the offence involving “discrimination against the victim’ ethnic or national origin, sex, religious beliefs, personal views or sexual preference.”

Speaking of the 49 cases linked with suspected young offenders that were not pursued last year, the Law Officer’s Department told Express: “These were young persons aged under 16 years. As part of a collaborative working relationship between multi-agencies including the SOJP and the Law Officers’ Department, and in accordance with Attorney General Guidance on dealing with young persons, these nineteen individuals were diverted away from the Criminal Justice system. 

“This was a positive decision taken to avoid criminalising young persons and instead offering them assistance and support.”

The latest figures, which followed a low of seven the previous year, come following the findings of the Care Inquiry, which was deeply critical of how young people had been treated by the legal system. 

It found that the island currently holds more secure accommodation for child offenders than a major UK city nearly five times the size, and prompted reconsideration from the government and justice authorities of how young people that come into contact with the Police are dealt with.