What do children know and think about sentencing?

Though public opinion polls on sentencing and the legal justice system usually are fairly frequent, specializing in the views of youngsters may be very uncommon and the report makes for attention-grabbing studying. The fieldwork for the survey was performed by YouGov between 29 August and 6 September 2023. Questions concentrate on respondents’ opinion and information of sentencing  apply in relation to youngsters, and with questions on sentencing apply in relation to adults for comparative functions.

Sources of data

Greater than half (57%) of the youngsters had spoken with their household about what occurs in a legal court docket, 39% mentioned that lecturers in school had spoken to them and 11% mentioned that they had spoken to buddies. Nearly a 3rd of the youngsters had spoken to nobody.

Minimal age of legal accountability

The minimal age of legal accountability (MACR) is the age at which the legislation determines youngsters have the capability to commit a legal offence. In England and Wales, the MACR has been 10 since 1963; decrease than that really useful by the UN Committee on the Rights of the Baby (2019) which counsel it must be ‘15 or 16 years of age’. Internationally, the most typical minimal age of legal accountability is 14 years.The survey query was:

‘The legislation says that judges can’t punish a toddler who has dedicated a criminal offense except they’ve reached a sure age. What do you assume the youngest age a decide can punish a toddler is?’

Respondents had been requested to pick just one reply from ‘5 years or below’, by means of ages 6, 7, 8 and so forth as much as and together with 18-years-old. Whereas one third of youngsters bought the fitting reply, 51% thought the MACR was older with 19% considering it was 16 years outdated or older.

The sentencing of adults

The survey requested parallel questions on views on the appropriateness of punishments for each youngsters and adults. Few youngsters (3%) believed that the punishments imposed on grownup offenders had been too extreme. Nevertheless, simply over 1 / 4 (27%) said that sentences had been too lenient. The 2 hottest responses had been that they had been both ‘about proper’ (34%) or that they didn’t know (37%). The older the kid, the extra seemingly they had been to carry the view that punishments had been too lenient (my assumption is that this can be associated to extra publicity to/curiosity in media views at an older age).

The sentencing of youngsters

Requested the identical query in regards to the sentencing of youngsters, the views had been markedly completely different. Few youngsters (7%) said that the sentences imposed on youngsters who offend had been too massive, though this is a rise on the proportion who assume that sentences imposed on adults are too extreme (3%). Solely 16% of youngsters felt that sentences imposed on youngsters had been too small in comparison with 27% who felt that they had been too lenient on the subject of grownup offenders; 29% said that the sentences imposed on youngsters had been about proper (in comparison with 34% in relation to sentences imposed on adults). As was the case with sentencing adults, respondents had been almost definitely to state that they didn’t know. Nearly half of youngsters (47%) chosen this selection (in comparison with 37% on the subject of grownup offenders). It’s noteworthy that youngsters seem to have much less information of the sentences that might apply to them – or a minimum of are much less assured to specific a view on the severity of them – than they’re on grownup offenders.

Case research

Maybe essentially the most attention-grabbing questions within the survey had been two situations the place there exists clear judicial steering and the seemingly sentence might be predicted. The youngsters had been requested what they thought the sentence can be.

The primary situation was:

‘Stephen’ is 16 years outdated. He has been convicted of carrying a knife into college. This implies a court docket has mentioned he’s responsible of a knife crime. That is the second time Stephen has been discovered responsible of a knife crime. What kind of punishment (sentence) do you assume Stephen will get? In case you are undecided, please make your finest guess.

The almost definitely end result can be a 4 month Detention and Coaching Order. Simply over one quarter (27%) selected this selection with 16% considering ‘Stephen’ would get a 12 month custodial sentence, 43% considering he would get a youth rehabilitation order, 11% a referral order and three% a superb. Curiously, nearly all of the oldest age group (16- and 17-year-olds) – to whom the obligatory sentencing provisions apply – thought of the seemingly sentence on this situation to be a non-custodial one. This raises questions as as to if sufficient is being accomplished to teach youngsters in regards to the doubtlessly very severe penalties of carrying a knife.

The second situation was:

‘Jimmy’ is 17 years outdated. Jimmy instructed ‘Amir’ he was going to hit him after which Jimmy stole Amir’s cellphone. Jimmy then instructed the court docket he stole Amir’s cellphone. This implies Jimmy is responsible of this crime. It’s the first time Jimmy has accomplished a criminal offense. What kind of punishment (sentence) do you assume Jimmy will get? In case you are undecided, please make your finest guess.

You may see the responses within the graphic under.