Page 90 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

the child may have gone through and its reverberating long-term effects. There
is a risk that practitioners will simply tick off a checklist without giving it due
consideration. To ensure this does not happen, questions will have to be
designed and technology employed that prompt practitioners to full answers
e.g. not allowing the practitioner to continue without fully answering all
questions.

Pre-sentence reports

4.29 PSRs are an essential tool for magistrates and judges. These are created by
YOTs and detail their assessment of the child, as well as a sentence
recommendation. PSRs allow practitioners, who have assessed and understand
the child, to significantly influence the final sentencing decision. As such,
should a magistrate not follow the recommendation within the report, we
consider that they should explain, and formally record in writing, why they
have deviated from the PSR. This would provide more transparency in the
decision-making process and allow magistrates to engage with YOT workers
so that they can produce improved PSRs. In addition, considering the
importance of PSRs, we are concerned unconscious bias may affect the content
of PSRs, with negative consequences for the child. As such, we recommend
that YOTs regularly scrutinise PSRs for any bias, with a particular focus
on identifying potential bias, learning from mistakes and sharing good practice,
as we suggest in the previous chapter.

4.30 This is particularly important as we understand there is a risk that out of date
or incorrect information can be included in PSRs. A child’s situation can
change significantly during the course of a judicial proceeding, and YOTs
often do not have adequate resources to update them. Although there is a
requirement for children to read PSRs and correct any mistakes, we consider
that in practice this may not be effective, both for reasons of capacity as well
as engagement. In such circumstances, specialist legal representation is key.

Pause and reflect in bail application decisions for children

4.31 Pursuant to the Bail Act 1976, a court may decline bail to a child and instead
remand “where the court is satisfied that it has not been practicable to obtain
sufficient information”. 244 We have heard that there are significant time

244 Schedule 1, Part 1, Section 5, Bail Act 1976.

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