---

Criminal Justice and Immigration Bill

My Lords, I am very glad that the amendment has come back. In Committee, when we were discussing the subject of emotional maturity, we drew attention to a notorious case, which the world knows as the Venables and Thompson case, involving the murderers of young Jamie Bulger who, although aged 10 with developmental ages of four, were tried in what was virtually a High Court. That was a clear example where the maturity of the young offender had not been taken into account. I realise that there is a borderline, which has already been mentioned this evening, between being too descriptive in legislation, putting too much down, and not putting enough, and whether we should put some things in the Bill or in legislation or regulations that go with it. I understand that a whole body of advice goes out to sentencers in a variety of ways instructing them to take those aspects into account. However, one finds a number of cases in young offender and other institutions of people suffering from serious mental health problems that have not been identified during the process until then, because there has not been a diversionary scheme in place. In that regard, I welcome the inquiry being carried out by the noble Lord, Lord Bradley, to whom I have spoken and pointed out that, quite apart from the problems in arranging diversionary schemes for adults, that will be far more difficult for youngsters because of the shortfall in forensic psychiatric nurses and doctors in the system who will be able, first, to carry out the diversionary scheme and, secondly, to make certain that there is treatment to follow up whatever is assessed to be a need. I support the amendment because, in view of that, it is essential to make certain that those aspects of dealing with that very vulnerable group of young people are always put before people who have to make a decision—not to allow them to resort merely to referring to the offence and whether it is prevalent but to remind them that each one of those people is an individual whose needs have to be assessed.