AYJ comment on sentencing for serious offences
The Alliance for Youth Justice (AYJ) acknowledges the deep public concern surrounding recent news reports on the sentencing of children found guilty of serious sexual offences. Public confidence in the justice system is vital; for that confidence to be sustained, our youth justice system must be evidence-led, effective, and safe for everyone.
The primary purpose of the youth justice system is to prevent offending. Both domestic and international law explicitly establish that custodial sentences for children must only ever be used as a last resort. It is critical that the independent judiciary and youth justice services are supported in properly applying this statutory framework, which is built on decades of evidence regarding child development and long-term public safety.
The rights of victims and the rights of children who commit offences are not a zero-sum game. Society does not have to choose between them. Ensuring that survivors receive comprehensive care, counselling, and justice does not depend on the severity of a child’s punishment. Conversely, providing a child who has committed an offence with intensive educational, psychological, or rehabilitative support does not diminish the gravity of the crime. Rather, addressing the root causes of harmful behaviour is the single most effective way to ensure no one else is harmed.
Community sentences managed by youth justice services are effective interventions capable of strictly monitoring risk while actively supporting positive changes in behaviour. By contrast, our current youth custodial estate is in a state of crisis—chronically unfit for purpose and systematically failing to address the complex needs or reduce the risk of the highly vulnerable children in its care. Furthermore, deep systemic disparities persist, with children who have Special Educational Needs (SEN), neurodivergence, or who come from racialised communities significantly overrepresented in custody.
Ultimately, the most important outcome for victims, communities, and children alike is that these devastating crimes are never repeated. True public protection cannot be achieved by ignoring the systemic failures, trauma, and unmet needs that drive children into the justice system in the first place. Society is safest when the justice system possesses the resources and resolve to address those root causes early and effectively, while simultaneously delivering comprehensive support to victims.