Page 57 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

III. TREATING CHILDREN AS CHILDREN

Gerard said he asked the officer to help him to safety, or to an ambulance “and he
was like: no” Gerard said. “He had to go and help the rest of his team. He did at
least try to talk me through it and look for injuries, but he also stopped and searched
me.” – Gerard, a young attendee of the Black Lives Matter protests in London 2020,
after being attacked by a far-right protestor. 172

Introduction

3.1 The YJS operates differently to that of its adult counterpart, and in many ways
has already adapted to the needs of children. This can be seen in the creation
of Youth Courts and in YOTs. However beyond those structural pillars,
inconsistent practice is widespread, which we believe contributes to disparate
outcomes between BAME and White children. 173

3.2 The YJS should treat each child uniquely, rather than determining their
treatment based on preconceptions. We envisage a YJS that takes the time to
understand the child before it, that is flexible enough to meet that child’s needs
and that has procedures in place to guard against biased thinking and decisions,
however these may manifest.

3.3 Dr Kathryn Hollingsworth’s research on child friendly judgments and using
child sensitive approaches, reinforces that the fairness of criminal justice
decision-making and process can be transformative in terms of outcomes. In
other words, if the sentencer communicates to the child clearly, ensuring the
child understands and effectively participates in the sentencing process, “it can
demonstrate the judge was neutral, the child’s voice has been heard and treated
with dignity and respect. This can increase the child’s trust in the system, and
the legitimacy of the decision in their eyes, which in turn helps the child to
accept the sentencing outcome”. 174 Child friendly judgments have

172 D.Gayle, ‘Injured boy ‘stopped and searched’ by Met officer he asked for help’ The Guardian, 1 July
2020.
173 Noting that the term BAME includes Gypsy, Roma and Traveller children, who are a White minority
ethnic group.
174 Professor Kathryn Hollingsworth (Newcastle University) ‘Sentencing Remarks for Children: A New
Approach’ Newcastle Law School Research Briefing No 14. It draws on research conducted by Kathryn

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