Page 60 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

instances during sentencing, or within prisons, where BAME children are
‘adultised’ and receive worse outcomes due to the perception of their
(usually physical) maturity, rather than their chronological or
developmental age.

e) Collaborative decision making. Criminal justice agencies are designed to
tackle, investigate and prosecute crime rather than care for the welfare of
children. Although they have made strides in filling gaps in this regard,
the fact remains that there is a considerable lack of child welfare expertise.
As such, it is vital that criminal justice agencies work with experts and
relevant partners and give more weight to their views during the criminal
justice process.

3.6 In line with these principles, the whole CJS must develop an awareness of and
concern for racial disparity. While we acknowledge the requirements of the
public sector equality duty pursuant to the Equality Act 2010, we consider that
it has not been effective in bringing racial disparity to the forefront of public
sector bodies’ minds. 178 It is clear that it must be strengthened with further
initiatives. One promising initiative is the proposal by the Magistrates
Association and YJB to create a National Protocol for BAME Children. It is
intended that this would be based on the National Protocol on Reducing
Criminalisation of Looked-After Children, 179 and promote adherence to key
principles when dealing with BAME children, such as the primacy of their
welfare. For the protocol to be successful, it would require a range of
organisations to join, including police forces, educational institutions, mental
health services, children’s services and the Youth Custody Service. Although
in its early stages, this is an initiative that we welcome and support.

178 Public bodies are required to take steps to remove or minimise disadvantages, as well as tackle
prejudice and promote understanding. Further, if any public body fails to address these issues, or indeed
exacerbates them, the Equality and Human Rights Commission can sanction public bodies for any
breach of the Equality Act. See the Equality Act 2010, s.149.
179 Department of Education, Home Office and Ministry of Justice, National Protocol on reducing
unnecessary criminalisation of looked-after-children, (2018).

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