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Time for a Fresh Start: the Report of The independentcommission independentcommission on youth crime and antisocial behaviour on youth crime and antisocial behaviour Time for a fresh start The report of the Independent Commission Crime on Youth and Antisocial Behaviour Time for a fresh start The report of the Independent Commission on Youth Crime and Antisocial Behaviour Designed by Lloyd Northover 2 The report of the Independent Commission on Youth Crime and Antisocial Behaviour The report of the Independent Commission on Youth Crime and Antisocial Behaviour 3 Contents Terms of reference and membership of the Commission .............................. 4 Chair’s introduction ............................................................................................ 5 Executive summary ............................................................................................. 7 Chapter 1 - The case for a fresh start ............................................................. 15 Chapter 2 - Principles ....................................................................................... 29 Chapter 3 - Prevention ...................................................................................... 37 Chapter 4 - Restoration .................................................................................... 53 Chapter 5 - Integration ..................................................................................... 69 Chapter 6 - Gender, ethnicity and age ............................................................ 85 Chapter 7 - Delivery .......................................................................................... 95 Chapter 8 - Conclusion: time for a fresh start ............................................. 105 Appendices .......................................................................................................111 4 The report of the Independent Commission on Youth Crime and Antisocial Behaviour Terms of reference and membership of the Commission The Independent Commission on Youth Crime The members of the Commission are: and Antisocial Behaviour was established in Anthony Salz (Chair), Executive Vice Chairman of Rothschild, the autumn of 2008 with a remit to: formerly senior partner of Freshfields, the international law firm. 1. Identify a set of principles for: Ruth Ibegbuna is the Director of RECLAIM, an award-winning preventative youth crime project that targets young people across • responding fairly, effectively and proportionately to Greater Manchester from areas of social instability. antisocial behaviour and offending by children and young people; Derrick Anderson, CBE, Chief Executive of the London Borough of Lambeth. • minimising the harm that the antisocial and criminal behaviour of young people causes to themselves and to society. Prof. Paul Johnson, Senior Associate at Frontier Economics and a Research Fellow at the Institute for Fiscal Studies. 2. Assess the strengths and weaknesses of existing responses to youth crime and antisocial behaviour in England and Wales Lord Macdonald QC, Director of Public Prosecutions from against these principles by: 2003 to 2008, now in private practice at Matrix Chambers and Visiting Professor of Law at the London School of Economics. • gathering evidence from research, statistics and other literature Ian McPherson QPM, Assistant Commissioner of the Metropolitan Police Service, formerly Chief Constable of Norfolk • consulting with relevant organisations, individual experts Constabulary and National Lead of the Association of Chief and stakeholders, including young people themselves Police Officers’ Business Area for Children and Young People • supplementing the evidence obtained with a series of Sara Nathan OBE, broadcaster and former Editor of Channel 4 visits to relevant locations in the United Kingdom. News; a member of the Judicial Appointments Commission and chair of the Home Office’s advisory Animal Procedures Committee. 3. Investigate and identify alternative approaches, drawing on promising practice in the United Kingdom and other Angela Neustatter, journalist and author of Locked in – countries (with special reference to Canada, France, locked out, a study of children and young people in prison. Germany and Sweden). Prof. David J. Smith, Honorary Professor of Criminology at 4. Devise a blueprint for an effective, just, humane and coherent the University of Edinburgh and Visiting Professor at the London response to children and young people’s antisocial and School of Economics. criminal behaviour in England and Wales that reflects the fundamental principles that have been identified. Mike D. Thomas, Head of West Sussex Youth Offending Service, and formerly Chair of the Association of Youth 5. Produce proposals for the sustainable reform of relevant Offending Team Managers. services for children and young people, including youth justice procedures, that are based on sound evidence. Sir David Varney, formerly Chief Executive of BG Group and Executive Chairman of mm02, and Chairman of HM Revenue 6. Seek to influence policy by publishing a plain-English and Customs from 2004 to 2006. report and communicating its findings through media and other appropriate methods to policy makers, practitioners, Andrew Webb, Corporate Director, Children and Young stakeholders and the wider public. People, Stockport Metropolitan Borough Council and policy lead on youth offending for the Association of Directors of Children’s 7. Publish an account of the research and other evidence Services (ADCS). considered by the Commission as a book, written by academic and other expert authors and made available More detailed biographical notes can be found on the through a commercial publisher. Commission’s website: www.youthcrimecommission.org.uk. The report of the Independent Commission on Youth Crime and Antisocial Behaviour 5 Chairman’s introduction Chair’s introduction This report from the Independent Commission on Youth Crime justice system or related practice. We have lost sight of the and Antisocial Behaviour sets out a blueprint for reforming the fundamental point that children and young people are still way we respond to children and young people who get into developing and of the principles that should be distinguishing trouble with the law. How we, as a society, respond is crucially our response to offending by them as opposed to adults. As important. It reflects the values we hold and the kind of country a result, opportunities have been missed to take action that we want to live in. It will determine the sort of community our would have done more to protect the public by reducing levels children will inherit. The way we have tinkered with the law and of offending. Too much money has been wasted on what is practice in England and Wales in the past quarter of a century known to be both expensive and ineffective and probably has contributed to growing incoherence. harmful. In particular, we are keen to see the savings that can be achieved through reduced use of the courts and custody being In considering how we can best make a fresh start, the reinvested in earlier, effective interventions. These, in turn, will Commission has gone back to the principles we believe should reduce the costs to society of later offending. Those who doubt guide the response. We recommend an approach that will the potential for this should turn to ‘James’s Story’, attached to encourage young offenders to face up to the consequences of our conclusions; a distressing account compiled by the Audit their actions and accept responsibility for them. And one that Commission of a 15-year old boy’s preventable descent into a responds in a way that helps children and young people to grow life of crime and imprisonment. out of crime rather than draw them deeper into it. There is a growing body of evidence, from research in the UK At the heart of our intended reforms are proposals for a and elsewhere, that early preventive interventions in the lives of major expansion of a problem-solving approach to crime and children with behaviour problems can bring about immediate antisocial behaviour known as restorative justice. This gives the improvements and reduce the risks of later involvement in victims of crime a central right to be heard, as the offender and persistent and serious offending. It is important that this those affected by their offence come together to agree what evidence is used in decisions about the adoption of prevention amends should be made for the harm done. Restorative justice services. is already used in some schools and children’s homes to tackle bullying and to resolve disputes. We would like to see more of We also want the youth justice system to become more this. It is increasingly deployed by police forces and local Youth specialised, with better training for those who work in it - Offending Teams to deal with low-level offending by children and including on child and adolescent development and effective young people. Our recommendation is that restorative justice intervention - and an end to the use of the adult Crown Court for should become the standard means of resolving the majority of hearings involving children. cases: either pre-trial where prosecution is an alternative option, or when children and young people are convicted by a court. Restoration and prevention are two of the three principal pillars on which our proposals are constructed. The third is integration. This We have been impressed by the restorative Youth Conferencing envisages a focus on retaining young offenders in mainstream Service
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