Page 45 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

project for children at risk of committing gang-related crimes, working with
them to address their needs. This can include mentoring and is completely
voluntary.

2.45 Such schemes require a level of transparency that does not currently exist in
the YJS. It is essential that individuals are urgently informed of their inclusion
on the GVM, and that they are aware of the steps they can take and the support
that is available to them, to enable their names to be removed. This should take
place alongside a referral to local authority safeguarding, or the National
132
Referral Mechanism 131 (NRM) if there is suspicion of modern-day slavery.
A clear safeguarding plan should be created for the child by a Youth Offending
Team (YOT) that will provide a realistic chance of their being removed from
the GVM.

2.46 If a child is in fact involved in a criminal gang, there is at least a likelihood that
they are themselves victims of exploitation. Children are inherently vulnerable;
joining a gang may enable them to obtain the feeling of belonging and
protection, which is the natural instinct of every child. As such, we consider
that the procedures in place for the NRM (and the safeguarding steps prior to
referral) should be considered for every child with or at risk of gang
associations in the same way they are for county lines operations.

Prosecuting gangs
2.47 Perceived associations with gangs or so-called ‘gang culture’ can have serious
CJS consequences. We understand that gang membership is often invoked in
the context of joint enterprise prosecutions in cases involving more than one
suspect or defendant 133 as key evidence in establishing a common purpose

131 The NRM ensures that those at risk of modern slavery and trafficking are identified and safeguarded
as quickly as possible. Home Office, ‘National referral mechanism guidance: adult (England and
Wales)’.
132 Such referral should already take place under the NRM. However, it only appears to be considered
where a child is a victim of county lines. County lines is a drug dealing strategy, where gangs from cities
go to rural locations to deal drugs. They often take advantage of vulnerable people by using their homes,
and exploit children by forcing them to do much of the work. See Ministry of Justice, County Lines
Exploitation: Practice guidance for YOTs and frontline practitioners, (2019).

133 Joint enterprise is a common law principle where an individual can be convicted for the crime of
another, if they foresaw that the associate was likely to commit an offence. The case of R v Jogee [2016]
UKSC 8 established that the doctrine had taken a wrong turn for thirty years, with an increasing number
of people being convicted under the doctrine, particularly Black boys and young men. This has resulted
in a large number of what many consider to be miscarriages of justice. Despite Jogee ensuring the law
has changed tack, for an individual to successfully appeal a conviction that happened prior to Jogee,

38