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Update on Outcomes from the Carlile Inquiry

September 2019

The Foundation continues to work on the recommendations contained in the Report of the Carlile Inquiry published in June 2014. The matrix below summarises progress up to July 2019.

Pre-Court

TASK

PROGRESS

Family Group conferences: pre-sentence (p60)

No progress

Comprehensive needs assessment: pre-hearing (p60)

Taylor recommendation; Design Project

All YPs must be represented by a youth specialist solicitor at the police station (p58)

Taylor recommendation; Design Project

Out of court measures only to be imposed In the presence of an appropriate adult (p59)

Taylor ; Design Project

Police to ensure that YPs are warned of a disposal recorded for B+D purposes (p59)

Taylor calls for  further training for custody sergeants.

Decisions to prosecute must be in the public Interest and reviewable by the Chief Regional Prosecutor and the Court (p58)

Not achieved.

‘Youth Scrutiny Panels’ to be established by the YJB and local authorities to focus on diversionary measures (p58)

Operating in various parts of the country; Mapping to be done by MA and PCCs

Competences

TASK

PROGRESS

Trained representation and Advocacy for young people in police station and court (p60)

Bar Standards Board guidance and training set up. Law Society and SRA considering. Law Society recommending increased fees for  Youth Court advocacy.

LASW to be seconded to YOTs (p59)

Covered by Taylor

Appointment of a designated senior judge to be Youth Court representative at national level (p62)

Mr Justice William Davis appointed

Magistrates, District Judge and Crown Court ticketing (p62)

Sieff organised a conference on 14 June 2018 to discuss proposals to merge youth and family courts, supported by Sir James Munby, president of Family Division. See report on the website.

Magistrates specialisation (p62) and co-ticketing

Ditto

Joint Family and Youth Court training (p62)

Ditto

Linked sitting (p62)

Ditto

Court Procedures

TASK

PROGRESS

YPs not to appear in court without an appropriate adult (p60)

Taylor Proposals for children's Panels: Design Project

Social worker required to give verbal report on child’s circumstances (p59)

Ditto

All magistrates’ courts to introduce a rota system to ensure that a senior youth magistrate or youth ticketed judge is always sitting in the adult court when the youth court is not sitting (p58)

Not achieved

Timetabling system for youth hearings (p59)

Recommended by Taylor

Crown Court trials only in exceptional cases (p62)

Sieff organised a conference on 7 February 2018 to discuss this issue. See the Foundation website.

Crime and Courts Act 2013, Sch 16:  defer sentence to allow for restorative justice (p60)

 

This can take place

Coroners and Justice Act 2009, s104: Provide for defendants’ communication needs (p60)

Training is available for Magistrates from the Judicial College

Apply Children Act 1989, s37 to Youth Court Direction to other services (p59)

 

This is regularly raised with MoJ

Children Act 2004, s10, provide services(p60)

Covered by Taylor Children's Panels

Referral orders / problem solving conferences (p63/64)

Problem solving courts moving forward  with CJI

Youth Justice and Criminal Evidence Act 1999 S 44: implement for anonymity and (p62) reporting restrictions

SCYJ and Justice Select committee have put proposals to Government

Problem Solving approach in Youth Court (p63)

CJI now has permission to commence work at the end of 2018.

Criminal Justice and Immigration Act 2008 Sch 1, para 35 ; review of rehabilitation orders  (p63)

MoJ considering

Approval of guidance on police recording of crimes by young people in residential care (p58)

Covered by various reports, namely, Laming, Howard League and Taylor

Disclosure and Barring Service Filtering Rules Extend to exclude continuance after 18 (p63)

Ditto

Rehabilitation of Offenders Act 1974, amend to filter cautions and convictions (p62)

SCYJ is leading on this issue.

International comparisons(p64)

Not covered