Custodial sentencing of children: prospects for reversing the tide

Abstract

This article examines the extent of custodial sentencing of children in England and Wales and locates it within the context of Article 37 of the United Nations Convention on the Rights of the Child. Drawing on a recent survey, undertaken by NACRO on behalf of the Youth Justice Board for England and Wales, the evidence for the existence of ‘justice by geography’ in terms of the use of custody is reviewed, and factors which might account for variations in sentencing practice are explored. Finally, an assessment is given of the prospects for reversing the recent trend to deprive increasing numbers of children of their liberty, in the light of current developments in policy and practice.