Page 85 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

competent. For example, we recognise Dr Vicky Kemp’s attempts to secure
funding for an app that children could use in custody to better understand their
rights. However, financial support is not forthcoming, and we urge the MoJ to
back the project. We also understand that the MPS have developed a video that
can be played to children in custody, detailing their rights. These are vital and
important initiatives, which we welcome.

4.13 The provision of good quality legal advice is crucial for those accused,
particularly where there are inherent vulnerabilities due to background or age.
BAME children should be able to expect that their lawyer is appropriately
trained and knowledgeable in the YJS, given its complexity and the lifelong
consequences that flow from interaction with the YJS. Representing children
is a specialist area of law and requires specialist knowledge to practice safely.

4.14 At present, we consider the training requirements for lawyers who work in the
YJS to be inconsistent and patchy. Police station representatives are often not
legally qualified and are not required to undertake Continuing Professional
Development activities which for solicitors include relevant law and
appropriate diversity or cultural competency skills.

4.15 More work must be done to remedy this. We note, for example, that the Bar
Standards Board requires that barristers and pupils working in the Youth Court
register with them and declare that they have the specialist skills, knowledge
and attributes necessary to work effectively with child defendants. This is set
out in the Youth Proceedings competences and guidance. 234 While this is a
recent and positive change, we note that this is a self-declaration and we are
unaware of what evidence is required to support the declaration of competence.
While not a panacea, such requirements help to ensure BAME children are
well-represented at a time of particular vulnerability and need. We
recommend the Bar Standards’ Board’s youth proceedings competency
requirement be extended to all pupils and barristers representing and
prosecuting children in the Crown Court.

4.16 It is concerning that similar requirements do not exist for solicitors who
represent children and young adults. We therefore recommend that the
Solicitors Regulation Authority make foundation training with ongoing

234 Bar Standards Board, ‘Youth Proceedings competences’, 2017.

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