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Letter published in
The Times, 7 July 2010

 

Complete transcipt as follows:

 

Children and court

 

Last updated July 7 2010 12:01AM

 

The age of criminal responsibility should be raised substantially in line with most other countries

 

Sir, We are concerned about the very low age of criminal responsibility, ten years old, for children in England and Wales. The assumption that a ten-year-old can face charges is widely discussed in terms of whether or not that child can “understand the difference between right and wrong”. The question is more complicated — most ten-year-olds can understand that difference. The test should go beyond this and should decide whether the defendant’s intellectual capacity is such that he could not effectively participate in the proceedings and accordingly have a fair trial.

 

We believe that the age of criminal responsibility should be raised substantially in line with most other countries and propose a consultation process, led by the Law Commission, to explore how this could be rectified.

 

Dr Eileen Vizard
Child and adolescent psychiatrist
Professor Dinesh Bhugra
President, Royal College of Psychiatrists
Prof Sarah-Jayne Blakemore
UCL Institute of Cognitive Neuroscience
Juliet Lyon
Director, Prison Reform Trust
Paul Mendelle, QC
Chairman, Criminal Bar Association
Andrew Flanaghan
CEO, NSPCC
Lord Ramsbotham
House of Lords
Bob Reitemeier
Chief Executive, The Children’s Society
Mark Ashford
Solicitor, TV Edwards LLP
Camila Batmanghelidjh
Founder and Chief Executive, Kids Company
Dr Arnon Bentovim
The Child and Family Practice London and Visiting Professor at the Department of Health and Social Care, Royal Holloway, University of London
Professor Gwyneth Boswell
University of East Anglia
Michael Bowes, QC
Outer Temple Chambers
Frances Crook
Director, Howard League for Penal Reform
Baroness Deech
Chair, Bar Standards Board
Professor Peter Fonagy
Head of Department of Clinical & Health Psychology, UCL and CEO of Anna Freud Centre
Dr Danya Glaser
Consultant Child and Adolescent Psychiatrist, Great Ormond Street Hospital
Professor Simon Hackett
Head of the School of Applied Social Sciences, Durham University
Laura Hoyano
Fellow & Tutor in Law, Wadham College, University of Oxford
Professor Michael Lamb
Professor of Psychology and head of the Department of Social and Developmental Psychology, University of Cambridge
Shauneen Lambe
Youth Department, Just for Kids Law
The Earl of Listowel
Vice-Chair, Associate Parliamentary Group for Children and Young People in Care and Leaving Care and Treasurer, All Party Parliamentary Group for Children
Dr Eamon McCrory
Consultant Clinical Psychologist and Senior Lecturer, Anna Freud Centre and UCL
Margaret Murphy
Chair of the Child and Adolescent Faculty, Royal College of Psychiatrists
Sally O’Neill, QC
Furnival Chambers
Dr Janet Parrott
Chair of the Forensic Faculty, Royal College of Psychiatrists
Joyce Plotnikoff
Researcher, Lexicon Limited
Richard White
Children Panel Solicitor
Peter Wilson
Clinical Advisor, The Place2Be
Barbara Esam, David Jeffries, Stephen Pizzey, Chris Stanley and John Tenconi
Michael Sieff Foundation Trustees
Michael Sieff Foundation Conference

1908 – 2008: The Children Act 100 Years On
Young Defendants Today

Tuesday, 28 April, 2009
Church House, Dean’s Yard, Westminster, London

For details about Foundation conferences please contact:
Richard White,
Secretary, Michael Sieff Foundation,
Phone: 07788 581930
Email:
richard@michaelsieff-foundation.org.uk

Background to the Conference

The purpose of this high level conference was to address important issues relating to children appearing before the criminal courts. Attendance at the conference was by invitation only. Invitations were sent to senior experienced professionals whom the organisers felt would be able to address the shortcomings of our present system and come up with sensible and achievable proposals for improvement.
The conference functioned as a working forum in which specific recommendations in relation to children and the criminal courts were made. The intention is that these will be taken forward by the Michael Sieff Foundation which organised the meeting.
There was an informed debate on these topical issues and we are pleased to publish this report of the conference proceedings.

Conference Proceedings

Published on this page below are links to the PDFs of all the transcripts and also copies of relevant reports included in conference delegate packs.
To view the Report – Young Defendants Conference 28 April 2009 click here. There are links within this report to the documents produced during the conference. Alternatively you can follow the links below:

Full Transcripts

•  Lord Justice Thomas’ Speech
•  Lord Justice Thomas’ Q&A Session
•  Dr Eileen Vizard’s PowerPoint Presentation
•  Morning Panel Discussion
•  Sally O’Neill’s speech
•  Sally O’Neill’s Q&A Session
•  Lord Justice Toulson Speech
•  Afternoon Panel Discussion

Relevant Reports included in Conference Delegate Packs

Report 1 - Emerging Severe Personality Disorder in Childhood - by Eileen Vizard
Report 2 - RCP - Child Defendants Report March 2006
Report 3 - Youth Court Centenary - by Chris Stanley
Report 4 - Young Defendants Pack - Scoping Study Exec Summary
Report 5 - For a copy of – Jersey Review: A review of the Jersey youth justice system by The Howard League for Penal Reform – please follow link: http://www.howardleague.org/index.php?id=youngpeople
Report 6 - Independent Commission on Youth Crime