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28. In order for children to understand what is happening, all information provided
to them should be child friendly and culturally competent (para 4.12).
29. The Bar Standards’ Board’s Youth proceedings competency requirement
should be extended to all pupils and barristers representing and prosecuting
children in the Crown Court. The Solicitors Regulation Authority should make
foundation training with ongoing child-specific continuing professional
development training mandatory for all solicitors who provide representation
for children and young adults. In respect of both barristers and solicitors, the
Legal Aid Agency must better remunerate such work to reflect the specialist
expertise required for competent practice (para 4.15 and 4.16).
Making Consistent Decisions
30. Voluntary or where that is not possible, planned interviews should be used
where there is no immediate risk of harm to other people or no history of the
child absconding (para 4.22).
31. Should a bail package fail to identify secure accommodation, magistrates
should require social services to attend court to explain why (para 4.23).
32. There should be a duty of candour evidenced by a statement of truth, for
example in a witness statement, which must accompany the police intelligence
provided for a remand hearing (para 4.25).
33. Checklists should be introduced for diversion, remand and sentencing
decisions (para 4.27).
34. Should a magistrate not follow the recommendation within the pre-sentence
reports, they should explain and formally record in writing, why they have
deviated from the Pre-sentence report. Youth Offending Teams should
regularly scrutinise pre-sentence reports for any bias (para 4.29).
35. Where bail is refused at the first hearing, a child should be remanded to local
authority accommodation (rather than youth detention accommodation), and
the court should be provided with a refined and bespoke bail package within
14 days (para 4.32).
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