Crime and Disorder Act 1998 (Youth Conditional Cautions: Code of Practice) Order 2009

My Lords, I thank the Minister for explaining, with his usual clarity, the details of these orders. I was privileged to be a magistrate for more than 30 years, but I was never involved with youth justice. One code of practice before us deals with cautions for 16 and 17 year-olds. Youth crime today is a symptom of a broken society, and any approach to fix it must address prevention as well as appropriate punishment for any offence. Cautions have traditionally been an alternative to punishment, and used to encourage a person not to reoffend. Conditional cautions, however, tag on to the caution what amounts to a punishment. Would a better approach not be to have cautions on the one hand, and punishments administered by a court on the other? There is not enough room in the justice system to deal with crime effectively, as so many magistrates’ courts have been closing—at the rate of seven a year since 1997. Is the risk with conditional cautions that we further reduce access to the courts, while at the same time restricting the efficacy of interventions prior to punishment? Could the end result of the process be to increase the pressure on the criminal justice system by funnelling young people into it? The point made by my honourable friend the Member for Enfield Southgate, David Burrowes, is worth reiterating. He said: ""The fast track to punishment does not necessarily lead to a fast track to justice".—[Official Report, Commons, Criminal Justice and Immigration Bill Committee, 22/11/07; col. 477.]" A youth conditional caution can be given only where the youth has not previously been convicted of an offence. However, the adult conditional caution is available at any point in an offender’s career. Therefore, an 18 year-old young adult with a single previous conviction might be given a conditional caution in circumstances where the criteria for a 17 year-old would require prosecution. Will the Minister explain the inconsistency between the youth and adult conditional caution schemes? The Government are willing to resort to conditional cautions where they are not appropriate, and deny people, both under and over 18, access to justice. However, cautions are also used where they are not appropriate because they are not strong or strict enough. There is a caution culture in the country that gets the balance wrong. Earlier this year, it was revealed that four in 10 serious offenders are being let off with a caution. The number of cautions given to violent criminals has risen by 82 per cent in five years. Does the Minister agree with my party that anyone carrying a knife without a reasonable excuse should expect to be prosecuted rather to receive a caution? Does he further agree that those convicted of carrying a knife should expect to receive a custodial sentence? The Government use cautions to pre-empt justice. This can be too strict for some and too lenient for others. Conditional cautions can also be used for multiple offences that individually would not result in the offender being sent to court. This sends the message that, once you have committed a crime, you might as well commit others of a similar nature, because the punishment will not change. Is this what the Government mean by being tough on crime? It has emerged recently that inaccuracies with Ministry of Justice data are preventing the release of the latest offender management statistics. Does this mean that the Minister is unable to provide the House with up-to-date figures on reoffending rates among those given conditional cautions, or is he able to give them to us today? The Government have operated a managerial, centrally driven approach to justice, which has failed young people, both as victims and offenders. Central Government have moved the deckchairs of responsibility for youth justice between the Ministry of Justice, the Home Office and the Department for Children, Schools and Families. Meanwhile, the youth justice system, which should be directed primarily by local communities, has been sinking. We on this side of the House have argued for greater responsibility for the custodial budget to be devolved to local communities, so that local decisions can be made about the numbers in custody. The Government should pause before another experiment with the justice system fails the British people. The future of our country depends on the young people of today. I believe that it behoves all of us to ensure that we have a justice system that is seen as fair and responsible.