Page 87 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

remanded in custody, and more likely to receive a custodial sentence, in
comparison to their White counterparts.

4.20 We consider that one reason for these disparities is that decision-makers are
not empowered to make the right decisions. This is particularly difficult when
the decision-maker may not be an expert in youth justice or child welfare
issues. This section sets out recommendations which would improve remand
and bail processes concerning children.

Custody as a last resort

4.21 Remanding a child in custody unnecessarily, risks incurring serious physical
and psychological damage to the child. Chronic underfunding of the YJS
exacerbates these concerns, with the current court backlog resulting in children
remaining in custody for significant periods of time; deprived of their liberty
absent a finding of guilt. This places strains on family relationships and
impacts their education. The COVID-19 pandemic has also led to children
having to remain in their cells for up to 23 hours a day, without family visits,
which is damaging to their mental health. 240 Our concerns have intensified
following the temporary increase in custody time limits. 241

4.22 Custody should always be the last resort for children, be that in decisions to
arrest or to remand. We consider that there must be consistent practice in the
decision to detain a child. We have heard that, in police custody, children often
have to wait for many hours before being interviewed. This could mean they
may be left alone for long periods. When placed into adult facilities, the risk
of children being inappropriately exposed to more mature individuals or
experiences is heightened. As such, we consider that voluntary or where

240 Howard League for Penal Reform, ‘Children in prison during the Covid-19 pandemic’ April 2020.
241 MoJ, HMCTS & The Rt Hon Robert Buckland QC MP, ‘Suspected criminals held for longer as
criminal courts recovery plan announced’, September 2020.
See also Just for Kids Law ‘Just for Kids Law welcomes Government U-turn to exempt children from
extended custody time limits’ 14 January 2021:
“Today, the Ministry of Justice announced that they will introduce further regulations exempting
children from the extended custody time limits. The regulations will apply retrospectively to children
who had their custody time limits set under the September 2020 regulations, and so all children
remanded at the Crown Court will have a custody time limit of 182 days even if their first appearance
took place prior to the laying date of these new regulations. Their trials will also be required to be relisted
to take place within the shorter custody time limits.”

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