barmag67 Jan. 2016 | Page 38

Well aside from the fact that post the [Education Act 1996] and prior to the [Human Rights Act 1998] ‘Britain was unique in Europe because it retained corporal punishment in some schools’ and given that s.36 of the [Crime and Disorder Act 1998] saw of the final element of capital punishment in times of [peace], some might ask (perhaps with legitimacy) whether it is appropriate to question how the state manages delinquent or belligerent children. They won’t swing from the gallows at least - even if an act of treason is committed. children in such proportions and (ii) what if any are the prominent or recurring themes. A trick question of sort in that the former is so patently involved in the latter and of-course there exist many variables - but as indicated by Her Majesty’s Inspectorate of Constabulary it does merit discussion. Commenting on the vital necessity that members of the Police differentiate between the need to protect and the need to exercise powers of arrest the body said.. But what about today? For a start according to the Ministry of Justice we are arresting, sentencing and imprisoning less and less of our children each year, very laudable. Latestdata states that 126,809 children in England and Wales were arrested for[notifiable] offences in a given year, accounting for 10.5% of [all] arrests within that year, 90,769 of which resulted in either (i) conviction (ii) formal caution or (iii) other out of court disposals. Worrying? Perhaps more so is that per head of population, the rate of juvenile first time entrants remains higher than for adults. This presents a number of questions, two of which are obvious but contrasting, (i) why are the police arresting ‘The bricks and mortar of the custody suite and the police cell do not, and cannot make this distinction. As a result, some of the most vulnerable in our society may be subject to the same physical conditions and treatment as some of the most harmful’. The calamity of being imprisoned as a child is perhaps reflected no more so than in the [recorded] instances of self harm among incarcerated children. Even if current data is analysed favorably from an MOJ perspective eg not following the median percentage, it reveals that in the recorded year ‘There were 1,318 incidents of self harm’ - in mitigation this is a reduction of eight percent since the last recorded year, but it is a valid concern that The child custody population at the end of July 2015 was 1,003 with an occupancy rate of 38 the barrister Hilary Term 2016 barmag67.indd 38 03/12/2015 10:21