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Sir James Munby called for new ‘problem-solving’ courts to deal with children caught up in family and criminal courts.
Speaking at the Howard League for Penal Reform, the President of the Family Division said that the Family Court should be expanded to include the Youth Court, with an emphasis on problem-solving rather on the criminal law.
He urged the Crown Prosecution Service to reconsider its prosecuting policy for children, but said: ‘I do not go so far as to suggest that age alone should immunise children from the appropriate application of the criminal law where there has been really serious offending.’
However, in less serious cases, he said it is legitimate to ask what advantage there is in invoking a criminal process in preference to a family court process, especially where the family court is already engaged in careful analysis of and planning for the child’s future.
He said there was an ‘urgent need’ to simplify what had become an ‘immensely complicated landscape’.
Sir James also said there needed to be ‘a fundamental re-balancing of the family court towards what ought to be its true role as a problem-solving court, engaging the therapeutic and other support systems that so many children and parents need’.
He said that in these ‘uniquely complex cases’, courts must grapple with the underlying problems and difficulties of the whole family. ‘So what we need is a problem-solving court for the whole family. Can a criminal court, can the Youth Court, satisfactorily fulfil that role? Is it not, in truth, a role better suited to a re-vamped family court with an enhanced jurisdiction?’
Sir James Munby called for new ‘problem-solving’ courts to deal with children caught up in family and criminal courts.
Speaking at the Howard League for Penal Reform, the President of the Family Division said that the Family Court should be expanded to include the Youth Court, with an emphasis on problem-solving rather on the criminal law.
He urged the Crown Prosecution Service to reconsider its prosecuting policy for children, but said: ‘I do not go so far as to suggest that age alone should immunise children from the appropriate application of the criminal law where there has been really serious offending.’
However, in less serious cases, he said it is legitimate to ask what advantage there is in invoking a criminal process in preference to a family court process, especially where the family court is already engaged in careful analysis of and planning for the child’s future.
He said there was an ‘urgent need’ to simplify what had become an ‘immensely complicated landscape’.
Sir James also said there needed to be ‘a fundamental re-balancing of the family court towards what ought to be its true role as a problem-solving court, engaging the therapeutic and other support systems that so many children and parents need’.
He said that in these ‘uniquely complex cases’, courts must grapple with the underlying problems and difficulties of the whole family. ‘So what we need is a problem-solving court for the whole family. Can a criminal court, can the Youth Court, satisfactorily fulfil that role? Is it not, in truth, a role better suited to a re-vamped family court with an enhanced jurisdiction?’
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
