The youth justice system is at a crossroads. Over the past 25 years, the profile of children appearing before our courts has changed dramatically – more complex needs, more serious offences, more vulnerability. Yet the youth court itself has barely evolved to meet this reality.
The consequences of that failure are stark. Around 13,000 children are sentenced each year, and despite the dedicated efforts of practitioners across the sector, roughly a third go on to reoffend. That is not a record any of us should be comfortable with.
At the heart of this problem is a question of participation. Too many children before our courts simply do not understand what is happening to them. Complex legal language, unfamiliar processes, and a lack of meaningful explanation all undermine a child's ability to engage with proceedings that will shape the rest of their life. For children with speech, language or communication difficulties – who are disproportionately represented in the youth justice system – this barrier is even more acute.
This is not just a matter of fairness. It is a question of effectiveness. If a child cannot understand why a decision has been taken, how can they be expected to comply with a community order, engage with an intervention, or begin the difficult work of changing their behaviour? A court process that a child cannot understand will not keep the public safe. It will not reduce reoffending. And it risks setting that child on a path towards more serious and entrenched criminality.
The legal profession must reflect honestly on its role in this picture. The Independent Review of Criminal Legal Aid found that children are too often let down by inexperienced lawyers of variable quality. Youth work has been treated as a training ground for the newly qualified, rather than as the specialist discipline it demands. That has to change.
The government has already acted, introducing a new youth court legal aid fee scheme providing an additional £5.1 million per year - an estimated 80% increase at the time - designed to attract and retain lawyers with genuine specialist expertise. And we are now working with the legal sector to develop specialist training requirements for defence lawyers representing children, supported by an Expert Advisory Group whose recommendations are expected this summer.
But we recognise that we need to go further and take a fundamental look at the function and purpose of criminal courts for children. We need to start a national conversation about whether our approach is the right one, and what lessons we can learn from other jurisdictions.
The youth court has been too slow to adapt for too long. This government is committed to a system that is genuinely tailored to children's needs - and the reforms we are bringing forward will help deliver it.
Jake Richards MP is minister for sentencing, youth justice and international at the Ministry of Justice
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