Prison Reform Trust
Out of Trouble Campaign
May 2011
"People going to jail for missing an appointment - that's just stupid!" (A boy who breached his order)
New research published by Out of Trouble finds that too many children and teenagers are being locked up, not for committing criminal or anti-social behaviour, but for failing to keep to the conditions of a previous court order. This is in spite of the fact that there is no evidence that tough enforcement is effective in reducing youth crime. The Prison Reform Trust report, commissioned from NCB and launched in Parliament, explores how and why so many children and teenagers are punished for missing appointments or for transgressing the terms of their anti-social behaviour order.
One in 8 (13%) under-18 year olds imprisoned in England and Wales are there mainly for failing to comply with their order, and the younger the child in custody, the greater the likelihood they are there for breach. However this research suggests that children who breach may not do it deliberately.
Children and teenagers who breach often live difficult lives, with violence at home, fear of rival gangs and drug abuse. Yet we expect them to turn up on time to a series of appointments, sometimes several times a week, at different times, sometimes in different places, with different individuals and to observe strict curfews. Some children’s lives are so chaotic that they see custody as a respite from their problems in the community. This report suggests the system needs to be re-balanced so that children and teenagers get more help to comply with their orders, and practitioners have more discretion to deal with those who cannot.
Key facts from the research:
- More children and teenagers are imprisoned for breach than for burglary
- In 2009/10 13% of the child custodial population had been imprisoned primarily for breach of a statutory order - for 9% of the children in custody, breach was the only reason
- One in six 10-14 year olds in custody last year was imprisoned primarily for breach
- A greater proportion of girls and younger children are in custody for breach than older boys, despite the fact that they are less likely to commit breach offences
- Nearly three quarters of 10-14 year olds given an ASBO, end up breaching it
- In eight of the 32 criminal justice areas that have issued ASBOs to 10-11 year olds, ALL of them have been breached
- Guidance for YOT practitioners states that children and teenagers who miss three appointments should be sent back to court
- There is an expectation that all ASBO breaches will be prosecuted, regardless of the circumstances, and practitioners are not generally aware that there are alternatives
Out of Trouble director Penelope Gibbs said:
“We all want less crime and fewer victims, but it is not clear that the breach system is achieving this. One in eight of those under 18 year olds imprisoned in England and Wales is there mainly for missing appointments or breaking their curfew. It is wasteful and expensive to use imprisonment for this purpose, particularly given that over 70% of teenagers leaving custody re-offend within a year. This report suggests legislative and practice change is needed to help children engage with the justice system and prevent breach.”
Report recommendations include that:
• Practitioners ensure orders given to children are achievable and children are not being set up to fail
• The quality and effectiveness of work with children in the community should be improved
• The road to breach action should be lengthened
• The welfare needs that lead to offending and anti-social behaviour should be identified and met.
