1. Reducing the criminalisation of children in care:
What can a criminal lawyer do?
Laura Cooper
Co-head of the Youth Justice Legal Centre,
Just For Kids Law

2. Just for kids law
Mission: To help children achieve meaningful futures by breaking down the barriers that stand in their way. Just for Kids Law is led by the needs of its clients and will work for their welfare.
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3. Youth justice legal centre
Mission: to be a centre of legal excellence in youth justice law in England & Wales. Improve knowledge and understanding of youth justice law. To provide specialist training and advice.
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4. OVERVIEW The importance of:
1 Challenging the necessity to arrest and detain the child.
2 Effective communication with the child
3 Making strong representations – from beginning to end
4 Ensuring reference to the law and guidance on criminalising children in care

5. NPCC: Child Centred Policing 2016
‘We need to make every effort to avoid the unnecessary criminalisation of children in care, making sure that the criminal justice system is not used for resolving issues that would ordinarily fit under the umbrella of parenting. We need to work with our partners to improve our understanding of the child in care to improve outcomes for them.’

6. Necessity to arrest?
When contacted by the police – ascertain if the detainee is a looked after child
Challenge the necessity to arrest and detain
Given their vulnerability and risk of trauma – can they be released to attend a voluntary interview
Take the police through practical steps - suitability of available appropriate adult e.g. if care home
Think about where they can they stay tonight

7. Effective communication
Essential to establish rapport with the child and try to gain their trust
Explain to the child what you are going to do and why
Be aware of the high levels of language and communication difficulties, and mental health problems.
Listen to the child, ask them how they are and tell them you are on their side – important to children that they feel they are believed
Ensure children are aware of basic rights and entitlements and advocate on their behalf where necessary

8. Gather information
GATHER as much information about the child and their background circumstances as possible by:
Speaking to the child themselves
Speaking to their social worker, care home and family (as appropriate)
Obtaining any recent psychological and psychiatric reports
Asking a child to sign a catch all authorisation form in order to obtain the information

9. Make Strong Representations
WHAT TO INCLUDE
Remind the CPS/police of:
The principal aim of the youth justice system which is to prevent offending by children and young persons (s.37(1) Crime and Disorder Act 1998);
The duty to consider the the welfare and ‘best interests’ of the child in their decision making (Article 3(1) United Nations Convention on the Rights of the Child, s11 of the Children Act and Code for Crown Prosecutors, 4.14 (d)

10. Make Strong Representations
WHAT TO INCLUDE:
CPS guidance on offending behaviour in childrens homes
The police are more likely to be called to a children's home than a domestic setting to deal with an incident of offending behaviour by an adolescent.
Behaviour Management policy should be attached to advice on charge that is sent to CPS.

11. Make Strong Representations
WHAT TO INCLUDE: Crown Prosecution Service (CPS) 10 point check list for Offences in Children’s homes forgotten-10-point- checklist-the-decision-to- prosecute-offending-in- childrens-homes/

12. Ensuring reference to the law and guidance
Other guidance and information:
The Howard League Briefings: Ending the criminalisation of children in residential care

13. Ensuring reference to the law and guidance
Other guidance and information:
The Overarching principles – Sentencing Children and Young People (June 2017) Para 1.16 and 1.17 – reference to the over-representation of looked after children in the criminal justice system.
National protocol on reducing unnecessary criminalisation of looked after children and care leavers.
Failure to consider all the circumstances of the child may result in proceedings for judicial review: R v Chief Constable of Kent and Another ex parte L, R v DPP ex parte B (1991) 93 Cr App R 416 – any CPS decision should be made by a youth justice specialist.
Consider liaising with family and community care lawyers about level of care and appropriateness of placements.
Background information about the young person.

14. Contact us
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