Children and sentencing toolkit

Work with offenders profiles a new Howard League resource invaluable for our readers working in youth justice

Last week the Howard League for Penal Reform a sentencing toolkit to ensure better outcomes for children facing sentence in the criminal courts. The toolkit was developed through work with 80 young people in contact with the criminal justice system and draws on the expertise of the Howard League legal service for children and young adults.

This toolkit, which was funded by the Big Lottery Fund, includes three resources:

1. Child friendly resources: a poster that converts into a leaflet for children facing sentence.  The leaflet sets out key things children 17 years old and under should expect from the sentencing process. This resource can be downloaded as a poster only or a leaflet only.   An App has also been developed, available both on Android devices and iOS (Apple).
2. A comprehensive guide for adults supporting children: The toolkit Guide for adults is aimed at professionals such as lawyers, youth justice professionals and social workers – as well as supporting adults such as parents and carers. Using the toolkit, adults will be able to support children at different stages throughout the sentencing process by giving them practical advice and information that responds to their needs and vulnerabilities.
3. Useful resources: a list of other links and useful resources on sentencing children.

The guide, aimed at lawyers, youth justice professionals, social workers, experts and other supporting adults, including parents and carers. The purpose of the guide is to enable professionals and supporting adults to better understand each other’s roles and responsibilities and to know what to expect during sentencing, in order that they may then work together to achieve better, fairer sentencing that is better for the child and reduces the likelihood of prison and reoffending.

The practice guide has been written to ensure that practice reflects the new Guideline and recent legal developments and supports youth justice professionals to:

• Give children practical information about what they can expect from the criminal justice system so that they can actively participate in the process, starting with the assumption that children have no knowledge whatsoever of the sentencing process.

• Understand the issues that children face during the sentencing process and the impact this has on them in the short and long term.

• Be aware that there is a duty on those working within and around the criminal justice system to treat children differently from adults, and to take into account their needs and vulnerabilities.

• Reflect on and react to children’s perspectives, experiences and feelings.

The guide provides comprehensive best practice advice across the sentencing process and is divided into a number of key practice areas:

• Establishing trust and opening up communication
• Gathering relevant background information
• Challenging custodial remands and seeking bail to reduce the risk of a custodial sentence
• Pre-Sentence Reports
• Sorting out other aspects of a child’s life
• Influencing sentencing
• Supporting children at court
• Moving forwards after court

This is a practical document which is likely to become a key reference book (or app) for those advocating for children in court. It provides detailed advice on guiding legal principles – including the fact that the courts should treat children differently form adults and that welfare should be a primary consideration in all decisions affecting children.

The good practice guide is also underpinned by a number of helpful templates covering:

• Request for documents
• Subject access requests
• Character references
• Child in need referrals

The value of this guide is that it brings together up-to-date best practice guidance which is relevant to everyone involved in helping a child in contact with the criminal justice system: lawyers, youth justice workers, social workers and parents and carers. It provides the opportunity for all involved to work to the latest best practice in ways that help and reinforce each others’ efforts in the best interests of the child.