Covid-19 court delays lead to more children convicted as adults, report warns

A report, Timely Justice: Turning 18, published by the Youth Justice Legal Centre (YJLC), says the impact on young people turning 18 will be “grave” as a result of these delays in the criminal justice system exacerbated by the Covid-19 pandemic.

It says there could be as many as 1,400 young people that will end up being prosecuted as adults, losing the opportunity to benefit from the youth justice system.

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This could mean no access to youth diversion schemes or anonymity during court proceedings as provided to those prosecuted in youth courts, it explains.

Adult sentences could also involve much longer rehabilitation periods reducing employment prospects and preventing people from moving on with their lives, it adds.

With no fast track options for children, including those approaching their 18^th birthday, the legal centre, part of charity Just for Kids Law, warns of profound consequences for these young people coming of age.

“If a child reaches this age before criminal proceedings are commenced, they will become an adult in the eyes of the law.

“Significant inequities arise for those who commit offences as children but cross the age threshold into adulthood before their cases are heard,” the report states.

Data shows each year around two to three per cent of proven offences are committed by children who turn 18 prior to conviction.

This corresponds to 2,500 offences for the twelve months to the end of March 2017 and 1,400 offences for the same length of time to the end of March 18.

However, the report highlights these figures are significantly underestimated and that cases are expected to rise.

For a growing number of young people, this is caused by the police or the Crown Prosecution Service taking months, or in some cases years, to make a charging decision, leaving them, their families and the victims in limbo, the report explains.

Court closures due to the pandemic were another contributory factor, it adds.

The charity is calling for “timely justice” for those who commit offences as children, recommending that where this is not possible the same sentencing framework should be applied to all those who offend in childhood.

It suggests a time limit of three months for which a child can be subject to release under investigation.

The report also identifies an urgent need to collect and regularly publish accurate data on children that are released under investigation and those who commit offences but turn 18 prior to conviction.

The YJLC said it had developed a new legal guide to help lawyers navigate rules applying to those turning 18 in the criminal justice system.

Enver Solomon, the charity’s chief executive, said it was a “travesty of justice” that unnecessary delays in the criminal justice system would mean those young people that had offended in childhood would not benefit from legal protections that exist for those that broke the law as children.

“As a result of the pandemic and court closures, the situation is much worse with yet more delays and even more children being convicted as adults.

“Timely justice is crucial for children, families and victims. Young adults who committed offences as children must given the opportunity to build meaningful futures and be treated fairly,” he said.