Campaigner says that a “complete shift” in how we treat children who commit murder is required.
Two adults and a 14-year old boy were sentenced to life for the murder of Logan Mwangi, five years ago.
Dr Tim Bateman would like to see children in secure childcare facilities held for shorter terms and an increase in the age of criminal liability to 16.
According to the Ministry of Justice, secure schools are being considered as a model for youth custody.
Logan’s mother, Angharad Williamson (31), and his stepfather John Cole (40) and Craig Mulligan (14) killed Logan in a “brutal-and-sustaining” attack at Logan’s Sarn, Bridgend County home on July 20, 2121. He was left with “catastrophic injuries.”
His body was dumped into a nearby stream.
After being found guilty at Cardiff Crown Court of murder, Cole will spend a minimum of 29 years in prison and Williamson at least 28.
Mulligan, who is not Cole’s biological son but was raised by Cole from the age nine months old, will serve at minimum 15 years.
The age of responsibility
Mulligan wouldn’t have been able to appear in court in many other countries because of his age, according to Dr Bateman, the chair of the National Association for Youth Justice.
Children are considered responsible for their own actions in law when they reach the age of 10 in England and Wales, and 14 in Germany, 15 and 16 respectively in Portugal and the Netherlands.
Jon Venables and Robert Thompson are the youngest murderers to be convicted in British modern history. They were 10-year-olds who abducted, tortured, and killed James Bulger in 1993.
They were sentenced to life imprisonment, but they were released under a new identity in 2001.
Silje Redergard, five years old, was beat by two six year-old boys in Trondheim, Norway, one year after James’ death.
Norway has no law that punishes children under 15. Silje’s killers were reunited with their families. They were assisted by social workers and psychiatrists. Silje was back in kindergarten within one week.
Lawrence Lee, the solicitor representing Venables, recalled the outrage in the wake of James’ murder and said that he didn’t believe society could comprehend how such a thing could occur.
He stated that the scenes outside of the court where bricks were hurled at the prison van would “live with” him forever.
He said that he believes children should be held accountable for crimes like murder when asked whether he believed so.
“Children are now much more aware, and they are so aware about their rights… A lot of children are so streetwise that they purposely hide behind a veil of anonymity because they know they won’t be named.”
He believes that it is right to trial children in court.
According to Mr Bateman, Thompson and Venables would have been just a few months older if they had been charged. However, they would have been placed in care for a considerable time until being deemed safe to be released into the community.
He stated that the same outcome would have occurred if the criminal justice system had not been used.
“Media identification and criminal conviction could have negative connotations.”
Dr Bateman said, “We have an unusual situation in England or Wales in relation to kids who commit murder.”
“Imagine a situation where an adult could choose to smoke… or not. But, we don’t believe that they should make the same decision about children who are unable to buy tobacco products until they turn 18. We don’t consider them fully responsible and they don’t have the ability to think about the long-term implications.
“To a large extent, when children violate the law those assumptions go out the window and suddenly we assign full responsibility to them.”
Dr Bateman stated that he wants to see “a complete change in the way we treat children who have committed murder”, which would include releasing them when there is still plenty to allow them to transition to adulthood in a fairly normalized environment.
He stated that “We are the only country in Europe with an automatic life sentence for children convicted of murder.”
When a young person or child is convicted of or pleads guilty, detention during Her Majesty’s Pleasure is a mandatory sentence for life.
For those aged 18 and over, 12 years is the starting point to determine the minimum sentence.
He stated that he would prefer to see a shorter sentence for children than the one currently in place.
However, Mr Lee believes in the current system. He said that “[We] should trust the parole board that [they will not release that juvenile until they are ready for return to society.”
“If they are released too soon and they reoffend, there could be severe consequences.”
A spokesperson for the Ministry of Justice (MoJ), stated that while sentences are for independent judges, the law has been changed to allow judges to have a range of starting point that accounts for the child’s age as well as the severity of the crime.
Dr Bateman stated that 75% of the children who are given a custodial sentence for their crimes go to young offenders institutions, which are “very similar to adult prisons”.
Privately managed secure training centers are more popular than those that are privately managed. Others go to secure homes for children.
There are 14 secure homes for children in England and Wales that are managed by individuals. They provide care and education, as well as security, to protect children’s rights.
If children are considered to pose a risk to themselves or others, local authorities may place them there. The Youth Custody Service is able to place children who are in custody or have served a custdial sentence.
Dr Bateman also calls for an end to institutions for young offenders and children being held in childcare facilities while they are serving a sentence.
He stated that there is more staffing and support, and they are more thorough. There are also therapeutic interventions and opportunities to work with children towards their release.
Mr Lee stated that no matter what facility a child is kept in, he must receive a “proper education and proper upbringing so that he can eventually be returned to society in a healthy state”.
A spokesperson for the MoJ stated that secure schools are being trialled as a model of youth custody. It embeds education, health and safety at its core to reduce reoffending.
Through section 45 of The Youth Justice and Criminal Evidence Act, Judge Mrs Justice Jefford allowed Logan Mwangi’s 14-year old defendant anonymity in the murder trial.
These restrictions were however challenged by the media during sentencing. The judge lifted the order and Mulligan could be identified on Thursday.
Venables and Thompson were tried in court. The judge lifted reporting restrictions by stating that the public interest outweighed the interests of the defendants.
They were given new identities and an anonymity for life in 2001 when they were issued a licence.
Anyone can’t reveal their identity unless a court orders them.
A judge lifted reporting restrictions that prevented the naming of a 15 year-old boy who had murdered Anne Maguire in Leeds in 2015
Justice Coulson stated that identifying Will Cornick was in public interest and would have a “clear deterrent effect”.
Dr Bateman stated that “The fact we can identify children, is something which is out-of-step internationally.”
He stated that naming children could encourage vigilante behavior, not only against the child defendant, but also against their siblings and the wider society.
He stated that it could also have negative effects on defendant’s rehabilitation. “If they wake-up and see their image on the TV, front page of the paper as a child killer that will have an important impact on their developmental, the way they see themselves, according to my view, will likely increase the risk that others will continue to be at risk.
He stated that it would also have a negative effect on them after they were released. “Employers won’t be as likely to offer any opportunities to children who are constantly featured in the newspapers. Colleges will not be as likely to offer these children places.”
Lee stated that he could see both sides to the issue. “I would have grave doubts about naming, but on the other side, I’d also have grave concerns about remaining anonymous…
“I can understand a judge saying, “right, well let’s name them, and if we are able to save a teacher’s life, or if you can spare any victim’s lives, it’s worthwhile.”
“They will think, on the other hand, that he is going to be a target of revenge if I name him.”
Dr Bateman answered the question, “Is it possible for Mulligan to live a normal life?”
It will be hard to become an adult, to make the transition from a custodial facility to adulthood, and not spend your time, like most adolescents do, learning to deal with the wider universe, how to be an adult.
Mr Lee is more optimistic. “It all depends on whether they’re branded as evil,” he stated.
He stated that he would enjoy excursions outside of prison towards the end his sentence. “If he’s kept in custody for ten years, unless it’s possible for him to dip his toe into real daily life, I think his chances at being normal again are very slim.”
