Page 19 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

recommend that the MoJ both collect and make available all data that is
necessary to fully assess disproportionality in the YJS.

Terminology

1.16 This report focuses primarily on the experiences of Black, Muslim, and Gypsy,
Roma and Traveller (GRT) children. While not exhaustive, we consider this
range of examples as sufficient to demonstrate the reality of how such groups
experience the YJS and believe our findings can be extrapolated to further
relevant groups. We understand that the ‘BAME’ acronym is not a term
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embraced by all those it purports to represent. Nevertheless, we have decided
to use it in this report as it is a term understood and applied by the organisations
to which our recommendations are directed. Where possible, we have
identified the specific groups to which we refer. We know that the term
encapsulates many different identities, cultures and ethnicities, all with a
unique experience of the YJS. Where we refer to White children, we refer to
the racial and cultural majority. The experience of minority White
communities, such as GRT children, is an exception to this. Their experience
of the YJS has more in common with other minoritized groups. The term
BAME, as used in this report, overtly includes GRT children as a minority
ethnic group. The use of the acronym in this report seeks to describe a wide
range of people who have an experience of discrimination as a result of their
race, colour, or culture in common. It is not intended to diminish or gloss over
those experiences.

1.17 We use the term ‘child’ to refer to anyone below the age of 18. We recognise
that some older children may find this word to be infantilising. However, we
consider it important to use language that is in line with both international and
domestic law as to the definition of a child. This will reinforce the fact that
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different rules apply for those below the age of 18, requiring special protections
and welfare and safeguarding duties. We believe seeing children as children
until they are 18 is central to securing justice. When discussing the system that

29 P. Glynn, ‘UK music industry urged to drop ‘offensive’ term BAME’, BBC, 22 October 2020.
30 See for example Article 1 of the UNCRC; the Children Acts 1989 and 2004; Legal Aid, Sentencing
and Punishment of Offenders Act 2012, s 91(6); and the Criminal Justice Act 2003, schedule 21. Other
legislation, as well as the Sentencing Council Guidelines, use the term ‘children and young persons’. It
should however be noted that there is no longer any legal significance attached to ‘children’ (historically
under 14s) and ‘young persons’ (14-17 years inclusive).

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