Simply raising the age of criminal responsibility is “not a good solution” for complicated and extreme cases involving children, the UK’s new Minister with responsibility for the Crown Dependencies has said.
Frederick Ponsonby, Lord Ponsonby of Shulbrede, was in Jersey this week after being appointed Parliamentary Under-Secretary of State in the UK’s Ministry of Justice – a role that includes responsibility for constitutional relationships with the Crown Dependencies.
Children in court
Lord Ponsonby previously sat as a Youth Magistrate in London for 17 years.
As in Jersey, children can be prosecuted from the age of 10 in England, Wales and Northern Ireland. This was raised to 12 in Scotland, but the UN Convention for the Rights of the Child recommends the age of 14.
Asked whether Jersey should raise the age of criminal responsibility, Lord Ponsonby said: “My personal view, having sat at a youth magistrate for about 17 years, is I never saw anybody who was 10 or 11.
“They would be diverted from the criminal justice system, from the courts.
“The only time you could even imagine somebody so young actually coming to court would be if it’s a very serious offence.
“I never saw it once in my time sitting and I think that, when you’re dealing with very serious offences, it is appropriate that you should have a court process to determine it.”
For example, if a child was accused of murder, “it needs to be resolved whether they are guilty or not”, he said.
Lord Ponsonby explained: “That child may well be detained without a court process, and that is not a good solution.
“So there’s definitely another side to the argument of people who are wanting to raise the age of criminal responsibility.”
Youth courts had exposed him to “difficult cases”, many involving drugs, he said.
Island identity
On his visit to Jersey, Lord Ponsonby was shown around Gorey Castle, and he highlighted the “thousands of years of history” and “a sense of identity [and] history”.
He was also due to visit La Moye Prison – a request he had specifically made due to his own interest in prisons.
“Jersey is self-governing, and very clearly, that will continue,” said Lord Ponsonby.
“But the issues which are of concern to us are finance-related, and how issues like beneficial ownership and transparency are being addressed.
“And obviously we want Jersey to remain a leading International Finance Centre.”
He added: “It’s an interesting contrast between being such a long-standing International Finance Centre for 60 or 70 years, and at the same time a relatively small population with much more localised issues.”
“Ongoing” discussions on beneficial ownership
In addition to being a familiarisation visit, Lord Ponsonby’s trip to the island also addressed a range of issues affecting Jersey and its relationship with the UK – including transparency on beneficial ownership.
The UK has been calling for Jersey to be more transparent for years, piling on pressure on Crown Dependencies and Overseas Territories to give more people access to beneficial ownership registers. Currently, they exist and are shared with UK law enforcement.
Discussions on the topic are “ongoing”, Lord Ponsonby said.
External Relations Minister Ian Gorst added that Jersey was “making clear what our desires would be”, particularly with the UK wanting to “enhance its relationship with the EU” – including on security, a border veterinary agreement, youth mobility and professional qualifications.
He said: “From our perspective, we absolutely support a veterinary agreement. We would support youth mobility.
“Of course, UK is responsible for our defence, so that is a matter for them to deal with.
“But if the world becomes a safer place, and Europe is more secure because of a security agreement, then of course, Jersey would support that.”
