A better criminal records system for all children

We are delighted that Criminal Justice Alliance (CJA) member Unlock is leading a campaign to reform the criminal records/checking system and its pervasive and unfair effects on children which reach deep into their adulthood.

A system that perpetually punishes children throughout their adult lives cannot be viewed as fair, proportionate, and contributing to a better society.

However, the impacts of this system are undoubtedly felt even deeper amongst Black and racially minoritised children and communities.

Impact of multiple factors

The Alliance for Youth Justice’s latest briefing encapsulates the impact of multiple factors of discrimination, inequality, and disadvantage that Black and racially minoritised children endure across the justice system.

When race and childhood intersect the impact for the individuals, families, and society is compounded, you are left with a sense that the ‘norms’ of childhood experiences frankly don’t apply to this group of young people.

Hardwired injustices

The latest report from the CJA Time for Change, which involved six consultative meetings with 42 CJA members, highlighted several hardwired injustices across the criminal justice system.

The report echoed the position of the AYJ calling for action to address the disproportionate numbers of Black and racially minoritsed children entering the criminal justice system, the over-policing of these communities, and for investment in youth and preventative community-based services.

Police stop and search

CJA has seen the criminalising effects of our system on black and racially minoritised children and communities first-hand across our section 60 super-complaint. One of the key conclusions we made from this work was the need to enable the voices of those children impacted disproportionately by police powers to be heard.

As part of our response to the HMICFRS report we have called for a comprehensive review of all police powers of stop and search concerning protections for children. In our view, the current arrangements are wholly inadequate and aid the criminalisation of children.

Data collection necessary part of reform

One of the few successes since the Lammy Review has been an improvement in data collection regarding racial disparities across the criminal justice system. The argument for the need to capture data has ostensibly been won even if the responses from institutions are contested.

However, an area within the criminal justice system where race disparity data analysis is lacking is around criminal records.

Lammy challenged criminal justice system institutions to ‘explain or reform’ – to explain the justifiable reasons behind racial disparities and/or set out a process of reform to alleviate them. What is clear is that a system that doesn’t analyse and interrogate its data applied to racial disparities will achieve little in addressing these inequalities .

Provide children with an exit ramp

We must support children entering the justice system to exit it at the earliest opportunity, rather than perpetually punishing them.

A fairer criminal records system for all children will help to alleviate the impacts of institutional racism across the criminal justice system.

The criminal records system undoubtedly adds to the compounding effects of racial disparities across our criminal justice system. The Disclosure and Barring Service must adhere to the Lammy recommendation, of ‘explain or reform’ and provide the data analysis to drive change.

We look forward to supporting Unlock in this important campaign.