UK Parliament / Open data

Anti-social Behaviour, Crime and Policing Bill

We understand the reasons for these amendments and for wanting to try to ensure that cases involving those under 18 and those who are adult, where they relate to the same issue, can be tried or dealt with in the same court. Therefore, I certainly have no wish to argue against the principle of what the Government are seeking to achieve. However, in the letter that the Minister sent to us on 18 December, in which he outlined these amendments that were being tabled, he said in respect of this issue:

“We believe that it is in the best interests of respondents aged under 18 for linked cases involving adults to be transferred to the youth court rather than vice versa”.

Can he confirm that that means that a case could not be held in the adult court if somebody aged 18 was involved? Perhaps for the sake of argument I may take as an example—perhaps it is very exceptional—a case where there are, say, four or five adults and one person under 18 who happens to be 17 and a half. Under these amendments, is it the Government’s position that it would not be possible, if the parties wanted it, for the matter to be dealt with in the adult court? Are they saying that if the cases are going to be dealt with together, that can happen only in the youth court? I should be grateful if the Minister could clarify that point.

I stress that we are not opposed to what the Government are seeking to achieve, but I pose the question in the light of the sentence in the letter that was sent to us where reference was made to believing it to be,

“in the best interests of respondents aged under 18 for linked cases involving adults to be transferred to the youth court rather than vice versa”.

Does that mean that they could never be held in the adult court, even if for example there were four or five adults and one under 18? I think that I know the answer to this, but could the Minister say why the Government

believe that it is in the best interests of respondents aged under 18 for linked cases to be in the youth court rather than vice versa?

About this proceeding contribution

Reference

750 cc1551-2 

Session

2013-14

Chamber / Committee

House of Lords chamber
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