HM Inspectorate of Prisons has published a report on an unannounced inspection visit to police custody suites in the West Midlands. The report identified the reason most children who had been charged and refused bail remained in custody overnight was because appropriate alternative accommodation was not provided by the local authority.
Details
Section 38(6) Police and Criminal Evidence (PACE) Act 1984 places a duty on the police to transfer children who have been refused bail to local authority accommodation rather than keeping them in the police station overnight under most circumstances. These are often referred to as PACE beds or section 38 beds. Section 21(2)(b) Children Act 1989 places a corresponding duty on local authorities to provide accommodation when they are requested to under section 38(6) PACE 1984.
The HM Inspectorate of Prisons report highlights the issues with finding suitable local authority accommodation in the West Midlands area. The report recommends the police engage with its local authority partners to find alternative accommodation for children to avoid them remaining in custody overnight.
The YJLC Step-by-Step Guide to Section 38 Beds sets out the legal position in detail and provides advice as to what you, as a child’s lawyer, can do to protect and assert their right not to be held overnight at a police station.
Discussion
Children should not be kept in the police station overnight after they have been charged with a criminal offence. As the child’s lawyer it is up to you to remind the duty sergeant and others of their legal duties and to advocate for the enforcement of the child’s right to a “section 38 bed” if bail is refused.