To Protect or Punish? Children, counter-terrorism and the criminal justice system
CRIN’s latest report shows how all stages of the UK's counter-terrorism system threaten children’s rights in chilling ways. From pre-criminal, to pre-trial, to trial and sentencing, we need reforms and approaches that genuinely protect children.
Throughout the 21st century there has been a steady expansion of counter-terrorism strategies around the world. The United Kingdom is no exception to this increase: with the laws and policies intended to address terrorism growing in a seemingly insatiable manner. All too often, this expansion has come at the expense of human rights, including the rights of children.
CRIN has long held concerns over the growth of counter-terrorism strategies and its impact on children’s rights in the UK. Having previously examined the effects of the Prevent strategy on children, this report follows the journey a child might make through the criminal justice system. What happens if a child is accused of counter-terrorism? What determines if a child is brought to a Youth or a Criminal court? How can children be drawn into counter-terrorist policing without committing a criminal act?
Our report begins in the pre-criminal space by considering the impact of stop and search practices under counter-terrorism, the Prevent programme and the challenges of counter-terrorist law in digital spaces. It continues into pre-trial by assessing counter-terrorism investigations, looks at a child’s detention before their formal charge and then at their detention before trial. Next, we investigate the all too often archaic and intimidating trial process of the court itself, before concluding with a review of punitive sentencing powers.
The UK’s counter-terrorism system is nightmarish when considered through the eyes of a child. It is a system where their best interests and rights are cast aside in the name of security, without proof that this neglect produces better results. Urgent steps are needed to genuinely protect children.
Children’s rights can be respected without compromising security.
Additional reading:
This report is part of CRIN’s Counter-terrorism work looking at how state measures dramatically impact children and young people.
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