Justice For Children
The country is rightly appalled at the ordeal of all three children in the peculiar case at the Old Baily. It is entirely preposterous and uncivilised to try children for adult crimes. As for rape? One wonders if they are even physically equipped for such a thing. They cannot possibly understand what is going on, either the accused or the victim. Then there is the Jury. The Jury system requires the accused to be tried by their peers. Adults are not children’s peers. It does not matter whether you start at the crime end or finish at the verdict end. This whole process was inappropriate and to some extent abusive and cruel. It reflects very badly on our country, most of whose citizens were unaware hitherto that such processes legally existed.
As part of my campaign to change the structure of family Courts from an adversarial to an inquisitorial system, I made proposals for the establishment of Child Commissioners, with the power of a judge and supported by expert and qualified Child Officers to carry out investigations. These were in that context expected to be into allegations of abuse or custodial disputes. It seems to me wholly right now to extend the idea to all young crime under the age of sixteen. This would take the Police, the CPS and the adult Courts out of the whole arena.
It is a sad matter of fact that very young people commit wrong acts, which in adults with full understanding of all the implications of what they do are considered crimes. Our response to this sorry phenomenon in the young should be to apprehend, investigate, if necessary punish and, always necessary, rehabilitate. The purpose is not to frighten but to enlighten. We must stop these children becoming criminals, not brand them with a criminal record before the youngest can even read it properly.
The more advanced countries of Europe look at the pageantry of our State Opening and see a charming adherence to ways of old in a modern setting. They look at a trial of ten year olds of the rape of an eight year old in the Central Criminal Court of our capital with all the media coverage that has occurred and they see something backward and quite disgusting. Not in the behaviour of our children. But in our response to it.
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