Tag: Police powers
Home Office publishes Concordat on Children in Custody
The Home Office has published a concordat on children in custody, preventing the detention of children in police stations following charge. The concordat aims to clarify the legal and statutory duties of the police and local authorities. The Police and Criminal Evidence Act 1984 requires the transfer of children who have been charged and denied bail to more appropriate Local Authority accommodation, with a related duty in the Children Act 1989 for Local Authorities to accept these transfers.
Lammy Review 2017 published
The Lammy Review is an independent report into the treatment of and outcomes for Black, Asian and Minority Ethnic (BAME) in the criminal justice system. The Lammy Review highlights the current failings of the youth justice system and makes a number of important recommendations on how best to redress the disproportionate representation of BAME young people in the criminal justice system.
Strasbourg court rules that 16 year old had been subjected to “degrading” treatment at police station in breach of Article 3
The European Court of Human Rights found that a child was subjected to “degrading” treatment contrary to Article 3 of the European Convention on Human Rights (ECHR) by being kept handcuffed and wearing just his underwear for at least two and a half hours and, subsequently, by being placed in a cell with adult detainees for three days.
Changes to Pre-Charge Bail at the Police Station
Changes to pre-charge bail came into force on the 3 April 2017. Pre-charge bail is now set at an initial 28 day limit, previously there had been no limit. These changes are part of a number of provisions being brought into force in stages by the Policing and Crime Act 2017 (PCA 2017) which received royal assent on the 31st January 2017.
NPCC’s Strategy for Police Custody – Children should only be held in custody as a last resort
The National Police Chief's Council (NPCC) have published a new strategy on police custody. The strategy states that it aspires to use police custody as a 'last resort' for children.
New Stop and Search guidance for police to avoid unconscious bias
The College of Policing have published guidance for police on the use of stop and search. This has been published alongside an announcement that evidence-based training will be rolled out nationally for officers. The guidance acknowledges that children may be more likely to find the experience of stop and search traumatic.
YJLC Guide to Section 38 PACE Beds (Transfer to Local Authority Accommodation)
Youth Justice Legal Centre guide to section 38 PACE and an overview of the police and local authority duties to transfer children detained in police cells post charge to local authority accommodation.