The Impact of COVID-19: Reflections of a Defence Solicitor - 1 Year On
Caroline Liggins, Criminal Defence Solicitor and Chair of AYJ member the Youth Practitioners’ Association, reflects upon developments since her AYJ blog post, published back in July 2020, on the impact of COVID-19 on children in the youth justice system.
In July last year, I wrote a blog on the initial impact of Covid on children and young people within the criminal justice system. What has happened almost a year on?
Trial Delays
We know that the temporary closure of youth courts due to Covid has almost doubled the backlog of cases in some areas of England and Wales, increasing distress for complainants and creating more uncertainty for the accused. We now know the closures resulted in some children spending longer on remand than usual, with the proportion held in youth custody prior to conviction increasing from about a quarter to 38%, according to a report by Her Majesty’s Inspectorate of Probation (HMIP). We all know the criminal justice system was “on its knees” and Covid has exacerbated the delays caused by a decade of cuts.
Children and young people are to be prioritised within the criminal justice system so that their cases are heard promptly. But the number of children and young people awaiting court in England and Wales has increased significantly compared with the same period in the previous years. Snaresbrook Crown Court in particular is under huge pressure and is even pulling fixed trials without letting the defence know. This is after months of case preparation. For the young clients, this adds to the mental turmoil and anxiety of the entire court process. The court when questioned has been unable to explain why the trials are being adjourned. We then see reports that nightingale courts are closing, it makes no sense. When it comes to listings, the burden on the court to deal with the backlog seems to have usurped considerations for the best interest of the young person. The significant backlog in the Crown Court in particular, and the ripple effects this is having on the system as a whole are problems that must be tackled.
Youth courts are specialists in nature and have the rehabilitation of the young person at the forefront of every decision made. Within the youth court cases are moving but slowly, which is a concern. Trial dates are being pushed off into the long grass. Experts within the justice system are all very busy, causing more delays as reports are not being completed on time. This causes uncertainty for the young person, leading to further anxiety and potentially aggravating any mental health conditions. The further concern is making sure cases are dealt with before the child turns 18 which has also been exacerbated by Covid. Defence teams are having to be forceful in their approach to ensure a trial is listed and the case concluded before the child’s 18th birthday. There is a pugnacious approach to keep everything in the youth court due to the delay in the crown court. There are many views on this as there are certainly some cases, even with the delay, that should be dealt with in a crown court to allow for the proper level of expertise of representation which often can’t be obtained in the youth court due to funding.
Youth Offending Services
There is a real concern that with an increase in children being charged following their release under investigation as well as the court backlog, there will be a sharp increase in court-related work for youth offending services. The youth offending services have been strong throughout the pandemic, continuing as much as possible with face-to-face/doorsteps visits, adapting as much as they can, even with just a simple telephone call to check in on the child’s welfare. They have also made sure laptops have been provided to children where necessary. We know that children in the criminal justice system have suffered because of insufficient access to computers and mobile phones during the pandemic, meaning that in some situations the young person couldn't even carry out their school work. With the very limited rehabilitation programmes available the child doesn’t benefit to the same extent. There is also a problem that youth rehabilitation orders are not being completed and this leaves children without proper closure. It’s not YOSs fault. They have been making sure that the young person has had the check-ins but unfortunately the telephone support just feels like it is going through the motions. I suspect there is less they can do as well with the safeguarding aspect due to the lack of interaction. It would be interesting to know what the delay is for the initial meeting which triggers the start of a referral order, again the delay will have a significant impact on the child and their mental state.
Ongoing concerns
There is still the live concern that this impact on the criminal justice system will prove harmful to complainants, witnesses, and defendants alike. The delays should be dealt with firmly, and with a clear and unwavering focus on resolving the problem through an approach that considers the whole system. The lengthy waits for investigations to conclude at the police station are pilling high and the released under investigation pile is getting bigger. The concern here is that a lot of the cases regarding children arrested before the pandemic, and throughout it, have been forgotten. Unless chased aggressively, things do not progress quickly, the child then turns 18 and the sentencing options open are very different to those in the youth court. Since 17th May this year, attendance at the police station has been reintroduced for legal representatives to attend interviews to represent children and vulnerable adults. Subject to the safety of all involved face-to-face interaction between solicitor and their client will assist with establishing the rapport, building confidence, and assessing whether the child or young person has specific needs that must be addressed.
What’s next?
As the world starts to open up I wonder what will happen in the next 6 to 12 months in the youth justice system. The court situation is a grave concern that needs to be urgently addressed. Action must be taken to reduce and eliminate what was already a chronic backlog in cases, and to make sure that police stations and courts remain secure and safe for all who attend and work in them. Without this, the implications for complainants, witnesses, defendants, and prisoners are severe. Whilst each sector can establish its own recovery plans, this backlog, if not dealt with, will create and maintain severe delays and inefficiencies in the system for years to come, from police stations to Crown Courts. As I said previously last year, the recovery will greatly depend on there being a shift in attitude towards youth justice, which will include the government placing children and young people at the heart of the agenda for effective change - a year on I still stand by these comments.
Find out more about Caroline and her work: Caroline Liggins, Youth Practitioners Association and HJA
This blog is one of a series, produced as part of The Youth Justice System’s Response to the COVID-19 Pandemic research project, delivered in partnership between the Manchester Centre for Youth Studies (MCYS) at the Manchester Metropolitan University (MMU) and the Alliance for Youth Justice (AYJ). The project aims to understand the unprecedented implications that the COVID-19 pandemic has had on each stage of the youth justice system.
Funded by the Economic and Social Research Council (ESRC) as part of the UK Research and Innovation’s rapid response to COVID-19, findings and recommendations from the 18-month project will be shared widely with practitioners and decision-makers to shape future policy and practice.
For more blogs and project updates: COVID-19 and Youth Justice project page