Criminal Children
Dr Maggie Atkinson, the Children’s Commissioner for England raised an important point recently when she commented on on the age of criminal responsibility. Here it is the lowest in Europe. She linked her remarks to the Bulger case, still so emotive that the Government immediately had to distance itself from her remarks and an incenced James’s mother called for her sacking. Dr Atkinson was, however, heard. It is important to move away from the dreadful murder of the little boy which stills appalls the nation and look at the wider point.
There is no doubt whatever that an adult criminal court is no place for children. There is also no doubt that rehabilitating juvenile offenders who have taken a very wrong turn in their lives requires a huge investment for many years of public funds. It is important to understand that the difference between right and wrong is obvious to youngsters brought up in a loving home, but where there is little or no competent parenting, family cohesion or even love, the line is far less clear. The old moral authority of religion is now off the public agenda in most schools in which potential offenders play little part and gain scant benefit.
Before setting the age, we need to change the Courts. I have advocated for some time that Family Courts which judge issues relating to family disputes and care orders should become Inquisitorial rather than the present Adversarial and should have their own investigating officers. The same arrangement should apply to what we could call Young People’s Courts to which all serious wrongdoing up to age sixteen should be channelled. After an enlightened and just legal process there must be a rehabilitation programme which works, so that those found guilty gain an opportunity to repay society by leading blameless upstanding lives as useful members of society, once rehabilitated and set free.
So far this does not seem to be happening in the case of Jon Venables. Maybe it cannot because he is beyond redemption. A robust system would show that also.