Childrens-Knowledge-and-Opinion-of-Sentencing.pdf
Summary
The Sentencing Academy has published a research report following a survey of children in England and Wales. The report highlights the general child population’s understanding of the criminal legal system and, more specifically, the sentencing practices and policies relating to them as children. The responses reveal significant shortcomings in children’s public legal education.
Details
The Sentencing Academy surveyed 1,038 children between the ages of 10 to 17 in England and Wales, to explore children’s opinions and understanding of sentencing. Children are a frequently forgotten demographic in respect to research on this topic, with an already well-established literature for adults. Given the focus on children’s best interests in sentencing policy, this research provides an evidence base for the consideration of children’s views.
The report highlights a number of key findings. The results suggest children are much less likely than adults to view current sentencing practices as “too lenient”. The contrary stance of the general adult population has been shown through related research for decades.[1]
Further, 81% of survey respondents correctly identified that a judge ‘would’ sentence a 25-year-old more severely than a 15-year-old, but only 50% of respondents said a judge ‘should’ do so.[2]
A slight majority of respondents reported speaking to their family about what happens in the criminal courts, but the most common media sources in which children reported seeing the criminal courts were film and TV.[3] There was a significant correlation between respondents who reported speaking to a teacher about what happens in a criminal court, and those who claimed to know ‘a little’, rather than ‘nothing at all’, about this topic. Equally, respondents who reported never having spoken to anyone about criminal courts were more likely to claim to know ‘nothing at all’ about them.[4]
Finally, almost three-quarters of respondents answered incorrectly when asked about the minimum age of criminal responsibility (MACR), although the correct answer of 10 years old was the most common answer (21-33% of respondents, depending on the age group).[5]Notably, 30.5% of respondents believed the MACR was higher than their own age at the time of answering, including some of the oldest children in the survey.
Another striking finding relates to knife crime sentencing expectations. While sentencing guidelines for repeat knife crimes often include custodial sentences, 57% of respondents believed a second knife crime would result in a community sentence. This disconnect highlights a broader issue of mismatch between children’s expectations and the reality of sentencing practices.
Commentary
As the Sentencing Academy notes, there are various benefits to incorporating the views of children into further research on the public’s view of sentencing. Researchers can compare the views between age demographics, begin to chart the lifecycle of the public’s opinion on sentencing, and monitor any shifts in these trends.[6]
Consider the survey responses demonstrating children’s limited knowledge of the accurate minimum age of criminal responsibility. If children are unaware that criminal sanctions could apply to them, by virtue of their age, then sentencing policy is unlikely to act as a deterrent to offending behaviour.[7] This point is worth keeping in mind for practitioners, and it is relevant to the principal aim of the youth justice system to prevent offending.[8]
Finally, the report highlights a significant educational gap in children’s knowledge of the criminal legal system.[9] Further research focusing on children will be helpful to bridge this gap and inform future policy discussions. It is suggested that developing the younger generation’s understanding of the criminal legal system could result in a sea change in the general public’s opinions towards sentencing over time. However, as it relates to the youth justice system now, children over the age of 10 should know that criminal sanctions can apply to them, and effective education is required to convey this in a manner for children to understand.
Footnotes
[1] Hollingsworth, K, Bild, J. & Dingwall, G., (2024) Childrens-Knowledge-and-Opinion-of-Sentencing, pp. i & 12-13,
[2] Ibid, pp. i and 13 -16
[3] Ibid, pp. 5 - 6
[4] Ibid, p. 8
[5] Ibid, pp. 8 - 9.
[6] Ibid, p 1 and p.19
[7] Ibid, p.19
[8] See Crime and Disorder Act 1998, Section 37
[9] Hollingsworth, K, Bild, J. & Dingwall, G., (2024) Childrens-Knowledge-and-Opinion-of-Sentencing, p. 19