Children in the criminal justice system: Ending indefinite pre-trial detention of children

Although detention of children should be used as a measure of last resort and only when absolutely necessary, remanding young people in custody is overused.

This webinar looked at the following topics in relation to ending pre-trial detention of children, especially in light of the unprecedented risk posed by the COVID-19 pandemic:

• Which children get remanded to custody and what custody means for children at the present time
• Legal framework ensuring protection against pre-trial detention for children
• Making sure children have suitable accommodation and support in the community

The seminar included discussion of the disproportionate use of remand in custody for young people from BAME backgrounds and the safety concerns of detained children.

Speakers considered the question of bail for young people during the COVID-19 pandemic, including for children charged with COVID-19 offences and how the application of the Bail Act criteria applies to children in the current climate.

This webinar series was conducted online through the web conferencing platform, Zoom. Please see a recording of the webinar below.

Speakers

Kate Aubrey Johnson, Barrister, Garden Court Chambers (Call: 2001) (Chair)
Kate is a youth justice specialist barrister at Garden Court Chambers with experience as a criminal defence practitioner and public lawyer. 

Kate was formerly Director of the Youth Justice Legal Centre at Just for Kids Law. She helped establish the Youth Justice Legal Centre, a national organisation which provides expert legal advice and guidance on children’s rights in the criminal justice system. In this role she developed and delivered a national training programme for lawyers on youth justice law. Kate is co-author of the leading textbook Youth Justice Law and Practice (LAG, 2019). She is a youth justice expert and is regularly called upon to give lectures and deliver training. She chairs the Ministry of Justice’s Youth Justice Working Group on Quality of Advocacy and she sits on the Justice Working Party on BAME Disproportionality and the Advisory Board for the Centre for Justice Innovation.  Kate is working closely with the Law Society, the Criminal Bar Association and the Inns of Court College of Advocacy to ensure children are represented by lawyers who have undertaken specialist training.

Kate has an extensive knowledge of children’s rights law and also works as an SEN mediator. She is the author of Making Mediation Work For You (LAG, June 2012) and is a member of Garden Court’s Mediation team.

Audrey Cherryl Mogan, Barrister, Garden Court Chambers (Call: 2014)
Audrey Cherryl Mogan is a criminal defence barrister with particular expertise representing vulnerable defendants, including children and young people, and defendants with mental health issues and drug addiction. Audrey has particular expertise in European human rights law, and regularly defends young people in the youth courts and in the Crown Court in relation to a wide range of offences and Criminal Behaviour Orders, including human trafficking.

Michael Goold, Barrister, Garden Court Chambers (Call: 2010)
Michael Goold is a specialist criminal defence barrister. He has particular expertise in representing children and young people. He regularly acts in serious youth cases in the Youth Court, Crown Court and Court of Appeal. He has frequently presented seminars on criminal law and procedure in relation to youth defendants.

Dr Laura Janes, Legal Director, Howard League for Penal Reform
Laura Janes was admitted as a solicitor in 2006 and has oversight of the Howard League legal service for people under 21 in prison. She has a professional doctorate in Youth Justice. Laura has developed an expertise in advising and representing children and young people in penal detention in relation to prison law, public law and criminal appeal matters. Laura is a committee member of the Association of Prison Lawyers and the Legal Aid Practitioners' Group. She is also a visiting fellow at the London South Bank University and Chair of Legal Action Group. In 2019, Laura was awarded Solicitor of the Year by the First 100 years’ Inspirational Women in Law Awards.