The Justices’ Clerks Society (JCS) has issued guidance to all its members which states that children should not be issued with a summons or warrant to secure their attendance at court for non-payment of fines.
Details
This guidance follows a legal challenge taken by lawyers from The Howard League for Penal Reform against two magistrates’ courts for unlawfully issuing a warrant not backed for bail for the arrest of a child who had not paid a fine. This resulted in a vulnerable 15-year-old being detained for two nights at a police station.
Prior to this recent guidance, children were being arrested on a warrants issued to secure the child’s attendance at court for a means enquiry in relation to unpaid fines. This has resulted in children being detained in police custody even though there is no legal power to imprison a child for not paying fines.
The JCS guidance is intended to be the temporary position while further guidance is drafted in the coming weeks.
Read the Justices’ Clerks Society (JCS) guidance (news sheet 05/2016).
Read the Howard League for Penal reform blog.
Commentary
This guidance is recognition that summonsing children to court in these circumstances is unlawful and has led to children being unlawfully detained in police custody.