Legal Aid, Sentencing and Punishment of Offenders Bill

My Lords, we understand the intention behind the amendments of the noble Lord, Lord Ramsbotham, and are very sympathetic to his concern for children and young people. The welfare of a child or young person securely remanded is clearly very important. Extending looked-after child status to all those under 18 who are securely remanded, as we are doing in Clause 97, proves our commitment to that. However, the Government believe that the current age threshold for secure remand of a child should remain at 12. Serious offences are sometimes committed by 12 and 13 year-olds. They present such a risk of harm that the court may come to the decision that a remand to secure accommodation is necessary to protect the public. We do not think that this decision is one that local authorities should be making, which would be the only alternative. It is not fair to impose this burden of responsibility on local authorities. Amendment 178ZZAZA, however, raises quite different issues. It is inconsistent as between non-extradition and extradition proceedings. The noble Lord, Lord Beecham, has flagged up some of those inconsistencies. In the former, the age threshold for electronic monitoring of children remanded to non-secure local authority accommodation would be raised from 12 to 14 years. In extradition cases it would remain at 12 years of age. A similar inconsistency would arise depending on whether the child or young person is on bail or remanded to non-secure local authority accommodation. The age threshold is currently set at 12 years in both circumstances, but this amendment would raise the threshold to 14 years in respect of remands to non-secure local authority accommodation only. Furthermore, by removing the power of the court to use electronic monitoring in respect of 12 and 13 year-olds, the amendment could have the effect of more young children being remanded in secure accommodation. The availability of electronic monitoring can be the deciding factor in a court giving bail to a young offender. Younger children are more likely to have risk factors that can be managed in the community with appropriate conditions and electronic monitoring to ensure compliance. Removing the power to monitor electronically children under the age of 14 would create a gap in the powers of the court to manage properly some children aged 12 and 13 who, regrettably, engage in serious criminal behaviour. Such monitoring is an essential tool for ensuring the compliance of children who do not meet the test for a secure remand but who nevertheless pose a risk of further offending. This risk is best met with a remand to local authority accommodation subject to curfew. In terms of extradition, we are making provision for a hypothetical position in respect of a child subject to extradition proceedings. This will ensure fair treatment. I therefore urge the noble Lord to withdraw his amendment.