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A judge unleashed an explosive attack on “entirely inexcusable” delays in the justice system leaving vulnerable people at sea.
Judge Rupert Lowe added it was “unacceptable” for a case he was presiding over involving children to take almost four-years to be heard.
It involved a relationship in 2017 between a boy 12 and girl 17 - we have decided not to name her.
Judge Lowe said: “With children it is entirely unacceptable where the victim is a child and the perpetrator is a child.
“We are dealing with a boy and a girl and it is unacceptable from the courts’ point of view for the justice of two children needing four years.”
Courts aim for children and vulnerable people's cases to be heard as soon as possible.
It helps enable them to move on with their lives whether as a victim of crime, witness, or defendant in need of rehabilitation.
“Like with many hearings” the delay was due to “overstretched resources” in various departments within the justice system, prosecutor Ian Foynette explained.
“I’m not going to try to excuse this, it’s the way that it is I regret - and I’m sure the police regret it too,” he added.
Defence barrister Simon Taylor added many cases are delayed because police and the Crown Prosecution Service need to review third party material.
But in this instance it was handed to three detectives, two since retired, leaving the girl’s case “hanging over her” for three and a half years, Mr Taylor explained.
“This three and a half years are some of the most important and informative of your life,” he said.
Youth courts hear all but the most serious of cases involving children aged 10 to 17. However if a child turns 18 before their first court appearance they are sent to the adult court.
Here, they can be named by the media and receive harsher sentences which take longer to be “spent”, regardless of how old they were when they offended.
"It is unacceptable from the courts’ point of view for the justice of two children needing four years...”
Judge Lowe told the girl: “The delay is not his fault but it is also not your fault and that creates a very significant difficulty for the court.
“I have very much in mind the guideline for sentencing children and young people.”
He gave the girl a 20 months prison sentence suspended for two years, 25 rehabilitation days and a temporary exclusion requirement for one road in Dover.
The court heard the girl struck up a relationship with the boy after grooming him for three months.
At first he rejected her advances but eventually learned to enjoy them, the court heard.
Messages discovered on his IPad revealed the boy believed he was in a relationship with the girl. But people under the age of 12 are legally too young to consent.
The court heard the girl was vulnerable at the time of the assaults, was of previous good character, and had not offended since. She has also responded well with ongoing rehabilitation for sex offenders.
“The delay is not his fault but it is also not your fault and that creates a very significant difficulty for the court...."
She pleaded guilty to inciting a child under 13 in sexual activity at the earliest opportunity and 11 sexual assaults.
Judge Lowe told her: “The reason the law does not allow 12-year-olds to consent is because whatever they think is going on is not going on - they are too young and grow up to regret it.
He said the suspended sentence was "not because the court was soft" but the purpose of the youth justice system is to "rehabilitate" and prevent further offending.
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