Youth Court: Trends & Context Ben Estep, Centre for Justice Innovation Better Courts 2015

Context: The volume of the YJS is contracting. Fewer young people (10-17) are being arrested, going to court, receiving a disposal, and going to prison.

Court: The number of young people proceeded against at magistrates’ courts has fallen almost 70% over the last 10 years.

Court: Not all youth cases are heard in youth court.

Offences: The number of proven offenses by young people has fallen by 68% over 10 years.

Sentences: The total number of young people sentenced at court has fallen by 64% since 2003/4.

Context: It is unclear why this is happening. Similar trends are reported in other jurisdictions and it is likely to be a combination of factors. Demographics: lower youth population, limited explanatory power Offenses Brought to Justice (OBTJ) target scrapped: Clear connection with FTE rate but unable to explain other changes Less crime: But same is the case in the adult system Better practice in formal youth justice system (embedding of YOTs, sentencing changes): Causality is speculative but things like LASPO flattened disposals - removed automatic escalator (reprimand/final warning replaced by [repeatable] cautions) Prevention work (incl. diversion programmes): Considerable international evidence that over criminalisation early in a criminal career can extend the criminal career

The Paradox of Success? “YOTs are working with a smaller but more prolific cohort.” (YJB) Average number of previous offenses per offender has risen every year since 2006/7 (up from 1.59 to 2.57 ) as the size of this cohort has fallen by 61%. Re-offending (binary, one-year) up slightly to 36.1%. “Youth courts are seeing a greater concentration of children with complex needs in court.” (Carlile) Little direct quantitative evidence of more complex needs specific to court-going population, but near-universal practitioner support for the claim.

Conclusion “The decrease in critical mass offers an opportunity to better focus resources on improving the system for child defendants, victims and their families.” (Carlile) Capacity as Opportunity? To pilot new approaches within youth court? To expand reach of youth court practice?