Page 80 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

IV. BUILDING BAME CHILDREN’S CONFIDENCE IN THE
YJS

I do solemnly and sincerely declare and affirm that I will well and truly serve the
Queen in the office of constable, with fairness, integrity, diligence and impartiality,
upholding fundamental human rights and according equal respect to all people –
extract from the Policing Oath 223

Introduction

4.1 BAME children are entitled to expect that criminal justice agencies will treat
them fairly. When we speak of children’s ‘trust’ in the YJS and its agencies,
we must be clear that this is something to be earned, with the responsibility
resting solely on the state. Its failure to earn such trust can result in negative
outcomes for children. Rather than trusting that the police will deal with a
complaint, a child may decide to attempt to solve the problem themselves and
thereby take the law into their own hands. Or, a child who refuses to admit
guilt because they do not trust that alternatives are available to them will not
benefit from diversion or a discount for early plea, resulting in a harsher
outcome or sentence. The consequence of a lack of trust is a lack of legitimacy,
resulting in worsening relationships between the YJS and the communities it
serves.

4.2 This is not sustainable, and requires urgent redress through two simple steps.
First, children must be treated fairly. Second, criminal justice professionals
must be held accountable where they make discriminatory decisions. Whether
the unfairness or discrimination is deliberate or inadvertent makes no
difference to the poor outcome for the BAME child.

4.3 Children require reassurance that the YJS seeks to promote their welfare, rather
than their punishment. Creating an environment in which children feel safe,
listened to and understood should reduce the traumatic impact of the YJS. This
could help meet the statutory aim of reducing further offending, as well as
ensure positive long-term outcomes for those involved. There are a number of
ways to ensure children are, and feel, treated fairly in the YJS. We discuss

223 Schedule 4, the Police Reform Act 2002.

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