The All-Party Parliamentary Group on Children in Police Custody (“APPG”) has published a new report, "Making Children's Rights a Reality in Police Custody", following a year-long inquiry into the experiences of children aged 10-17 in police custody across England and Wales. The report draws on evidence from lived experience volunteers, written submissions, and engagement with a wide range of stakeholders, including police, practitioners, youth and community groups, and academics.
Details
The APPG's inquiry found that police custody is a traumatic, adult-orientated environment, which can have severe and lasting negative impacts on children, especially those already vulnerable due to special educational needs or care experience. The APPG report sets out five principal recommendations for reform:
- Make Police Detention the "Last Resort" for Children. Amend the Police and Criminal Evidence Act (“PACE”) and Code C to prevent the detention of children in police custody except for indictable offences or in exceptional circumstances (such as serious violent or sexual offences, or where the child presents a risk of serious harm to others).
- Limit Initial Detention for Children to 12 Hours. Reduce the maximum initial detention period for children to 12 hours, with extension to 24 hours only permitted with senior officer authorisation.
- Review the Appropriate Adult Safeguard. Commission a full review by the Home Office of the appropriate adult safeguard, focusing on the role of parents, carers and family members and exploring great specialisation of the safeguard for children.
- Mandatory Legal Advice for Every Child. Amend PACE and accompanying Code C to require that all children in police custody receive legal advice, removing the current requirement for children to opt-in.
- Child Specialist Legal Advice. Pilot the introduction of mandatory child specialist training for legal representatives attending children in police custody.
The APPG report also highlights significant racial disproportionality and overrepresentation of vulnerable groups in police custody. Black children, as well as those with care experience or special educational needs, are disproportionately detained, with 57% of Black children held overnight compared to 42% of white children.
In addition to legislative changes, the report calls for the development of multi-agency and community-based alternatives to police custody. This includes the creation of non-custodial spaces where children can be taken to “cool off” or receive support and improved out-of-hours access to social care, mental health, and youth justice services to prevent unnecessary arrests.
The YJLC was a key contributor to the APPG inquiry, with Laura Cooper, Director at YJLC, providing detailed evidence on the necessity of specialist legal representation for children. Laura Cooper’s evidence, as detailed in minutes of the second evidence session, underscored several vital points:
- Specialist Representation. Children require legal representatives who are trained in youth justice law and practice, that are better equipped to recognise and respond to the unique needs of children.
- Procedural Safeguards. Early and meaningful legal advice, not just at the point of interview but throughout the custody process is vital. The presence of a specialist lawyer can mitigate the trauma of custody and reduce the risk of unnecessary criminalisation.
- Systemic Barriers. The evidence also addressed systemic barriers, such as inadequate legal aid funding and the lack of mandatory specialist training for lawyers representing children.
Commentary
The APPG report’s findings and recommendations provide clear evidence of the harms of police custody and a clear roadmap for reform. The report calls for a fundamental shift towards a child-centred approach, in which detention is truly a last resort, and where children's rights to support, legal advice, and appropriate adult assistance are robustly protected. The report is grounded in the UN Convention on the Rights of the Child (UNCRC), which requires that detention of children be used only as a last resort and for the shortest appropriate period. By explicitly linking its recommendations to these international legal standards, the APPG underscores the UK's obligations to protect children's rights in all aspects of the justice system. The recommendations also provide a practical tool for professionals, offering clear benchmarks to strengthen advocacy at the police station and ensure children are treated fairly and lawfully in custody.