YOUNG ADULT OFFENDERS

SENTENCING STEPS
L E G A L M AT T E R S

T2A ALLIANCE/CRIMINAL JUSTICE ALLIANCE REPORT INTO SENTENCING

In June, the criminal justice system (CJS) took an important step towards recognising the distinct characteristics and needs of young adult offenders, when the Sentencing Councils definitive guideline on assault came into force. For the first time, maturity, rather than just age, was formally introduced into the sentencing process, with lack of maturity introduced as a personal mitigating factor for those over 18. However, while this is to be welcomed, there remains a need for a more comprehensive approach to maturity across the sentencing framework if the offending of young adults is to be tackled effectively and fairly. Extensive demographic and developmental evidence shows that many young adults are not yet fully mature and require a flexible approach to sentencing. Criminal justice statistics provide further evidence of the need for a distinct approach: young adults are significantly overrepresented in the CJS, and their levels of reconviction are high. Despite this, there is currently very limited specific provision made for young adults within the sentencing framework in England and Wales. How, then, could a more comprehensive approach be implemented? The Transition to Adulthood (T2A) Alliance, a broad coalition of organisations that promotes more effective ways of working with young adults aged 18-24 in the CJS, has been most convinced by the model of sentencing of young adults in Germany, which allows sentencers a level of discretion in trying young adults up to the age of 21 under juvenile law. Under this system, all young adults aged 18-20 are transferred to the jurisdiction of juvenile courts, and courts are given the option of sentencing according to the juvenile law or the adult law. Juvenile law is applied if a global examination of the offenders personality and of his social environment indicates that at the time of committing the crime the young adult in his moral and psychological development was like a juvenile. It is also applied if it appears that the motives behind and the circumstances surrounding the offence are those of a typical juvenile crime.This approach has been used in Germany since 1953, and nearly two-thirds of young adults are sentenced as juveniles. For those dealt with in the adult system, lack of maturity is still seen as a mitigating factor.

circumstances of the offence and the individual offenders characteristics. If the pilot proved to be successful, the system could be rolled out initially to all 18-20 year olds, which would affect approximately 10% of those sentenced by the courts in England and Wales each year. The potential for expanding it to all offenders aged 18-24 could then be explored. A recent T2A Alliance poll, conducted by ComRes, indicates that there would be popular public support for such an approach. It found that 69% of the public think a persons emotional and psychological maturity should be taken into account when they are accused of breaking the law. Economic analysis carried out by Matrix Evidence also suggests that there would be savings for the public purse.

IS CURRENTLY VERY THERE

LIMITED SPECIFIC PROVISION MADE FOR YOUNG ADULTS

Further measures could be introduced that would support and combine with this reform to ensure that effective sentences are made available for all young adults who are convicted of offences. As a recent review of research conducted by Birmingham University (www.T2A.org.uk/publications) has highlighted, immaturity can affect judgment and impulse control, suggesting that it may be causally related to offending. As well as continuing to recognise lack of maturity as a potential mitigating factor in sentencing, the Sentencing Council should therefore also recognise lack of maturity as a factor indicating lower culpability. Additionally, more extensive training on understanding maturity, and the impact of lack of maturity, would enable sentencers to implement sentencing guidelines effectively. Finally, there needs to be better young adult-specific provision available to sentencers in their local areas, both in custody and in the community. Importantly, they need to be made aware of it. Almost 40 years ago, in 1974, a report by the Advisory Council on the Penal System urged a special concentration of public effort on young adult offenders who, it noted, are in danger of going on to long and costly criminal careers. Action on this important issue, and in particular to make the sentencing of young adults more effective, is long overdue.
The T2A Alliance and Criminal Justice Alliance are keen to hear the views of magistrates on the proposals set out above.To get in touch, e-mail gemma.lousley@criminaljusticealliance.org. More information about the T2A Alliance is available at www.t2a.org.uk/alliance If you would like to know more, please see the T2A Alliance and Criminal Justice Alliance report: http://criminaljusticealliance.org/ CJAgettingitright.pdf
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How this could be tested here

The T2A Alliance has recommended that an effective way to test this approach in England and Wales would be a pilot project operating in two court areas.To help develop this, the Alliance has recently begun an extensive programme of work examining maturity, including looking at the concept of assessing maturity based on the

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