HC Deb 23 February 1998 vol 307 cc48-9W
Mr. Levitt

To ask the Secretary of State for the Home Department if he will review the guidelines for courts dealing with child victims of crimes of sexual abuse; and if he will make a statement. [30464]

Mr. Michael

The Government want children to be able to give their best evidence in court with the minimum of distress, and for court practices to be adapted to meet their needs. Ways to improve the treatment of child witnesses are currently being considered as part of the review of vulnerable and intimated witnesses announced on 13 June 1997 by my right hon. Friend. This work is now nearing completion. In addition, Home Office commissioned research into the admissibility and sufficiency of evidence in child abuse prosecutions is due to be completed in the spring. This will provide important information on which to decide how to improve further the child evidence provisions.

Mr. Levitt

To ask the Secretary of State for the Home Department what the sentencing guidelines are for juveniles convicted of sexual offences against children. [30463]

Mr. Michael

Sentencing guidelines for juveniles convicted of sexual offences against children are a matter for the Court of Appeal which provides guidance on the appropriate sentencing range for criminal offences through its judgments in individual cases. Guidance is contained in the cases of R v Hancock (1986) R v Wright, (1987) and R v Orriss (1993) for example.

The Crime and Disorder Bill also contains provisions to build on and improve the current system of sentencing guidelines. Provisions in the Bill place a statutory duty on the Court of Appeal to consider producing sentencing guidelines. There will also be a new sentencing advisory panel established by the Bill, which will give advice to the Court of Appeal on sentencing.

Mr. Levitt

To ask the Secretary of State for the Home Department what criteria determine whether a case of sex abuse of a child by another juvenile is heard in a magistrates' court or a crown court; and when these criteria last changed. [30462]

Mr. Michael

Under section 46 of the Children and Young Persons Act 1933 there is a presumption that cases involving juvenile defendants will be tried summarily by the youth courts. Section 24 of the Magistrates' Court Act 1980 provides that, except for an offence of homicide, a juvenile may be tried on indictment only wherethe court considers that, if found guilty, it may be necessary to sentence the juvenile to long term detention under the Children and Young Persons Act 1933; or the juvenile has been jointly accused with an adult of an indictable offence and the court considers it necessary in the interests of justice to commit them both to the Crown Court for trial.