My Lords, I am constantly amazed by the persistence of this generally civilised country in being willing to treat children of 10 and 11 as criminally responsible.
The noble and learned Baroness, Lady Butler-Sloss, my noble friend Lord German, the noble and learned Lord, Lord Brown of Eaton-under-Heywood, and all other noble and noble and learned Lords who have spoken have made the argument persuasively and on the basis of the scientific, social and international evidence. I say no more about the strength of the evidence.
The noble and learned Baroness, Lady Butler-Sloss, also pointed out the degree to which government inaction on this issue has been based on public prejudice and the Government’s pandering to it. Bluntly, that is moral cowardice, not leadership. Many of us find it unbelievable that, uniquely in western Europe, our children of 10 and 11 can be treated as criminals, when it is entirely clear that they lack the psychological maturity that is appropriate for any legitimate view of criminal responsibility. Why did change come successfully to Scotland and yet the Government seem unprepared to make it here?
I pay tribute to my noble friend Lord Dholakia, who has campaigned tirelessly on this issue for many years. I know he will have been most disappointed to have been unable to attend to speak today. But the House has fully recognised in this debate his commitment and his major contribution on this issue, and we will wish to send him our good wishes for a full and swift recovery.
Amendment 221A in my name and that of my noble friend Lord German has a different purpose. It is to pursue the worthwhile goal of diverting young offenders away from the criminal justice system and towards alternative methods of encouraging them to avoid offending. Youth offender teams have been established since 1998 and have as their function helping young offenders under 18 under supervision of the Youth Justice Board. Central to their function has been to establish services within their local communities to help prevent offending and reoffending. They have a wide remit that permits them to organise a range of activities in an effort to keep young people away from crime. Sometimes this involves involving young people in a form of restorative justice by bringing them into contact with their victims and helping them to organise reparation where it is thought that might help the offender and be accepted by the victims. Among their
functions is to help supervise community sentences for young people. Our amendment is designed to help youth offender teams fulfil their function by diverting young people within their area away from the criminal justice system.
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On the other amendments in the group, such as the amendment of the noble and learned Lord, Lord Falconer, on youth remand, we join him in seeking further information by way of a requirement for a report on the decision-making process on custodial remand. We also agree with the noble Lord, Lord Sater, in seeking a review of youth sentencing. Our Amendment 292P, calling for a royal commission on sentencing seeks a wholesale review, will include a review of the needs of young people in custody and in relation to community sentences. I look forward to debating that proposal in a later group.
But the central point of this group is to lower the age of criminal responsibility. The Government should be in no doubt that we will vote on this on Report if the case for change is not accepted by the Government. Gone is the time for review, although I note and accept the points made by the noble Lord, Lord Hogan-Howe, on what has to be dealt with when the change is made. But the evidence is in the public domain. It is clear; it is all one way. We need no review; now what we need is change, and we should do all we can to shame the other place into accepting the need for change by accepting an amendment passed by this House.