CHILDREN AND YOUNG PEOPLE HELD IN POLICE STATIONS PROTOCOL NOVEMBER 2014
CONTENTS Page 1 Purpose and scope of protocol 3 2 Legal framework 3 3 Procedures for seeking local authority accommodation 4 4 Young people detained overnight 6 5 Recording and monitoring 6 6 Summary 6 Appendix 1 8 2
1 PURPOSE AND SCOPE OF PROTOCOL It is recognised that young people who are held in custody may be vulnerable for a variety of reasons and that to reduce the risk of harm, they should be detained for as short a period as possible. This protocol applies to situations where young people aged between 10 and 16 are arrested and charged and are denied bail. It is essential that where this happens, all efforts must be taken to: avoid the young person remaining in police custody overnight prior to being taken to court and if the young person must remain in custody overnight, that appropriate welfare checks are carried out. The protocol aims to ensure that the police and Family Services and Social Work work together to safeguard the welfare of young people held in police custody. To do this, the protocol covers the following: how the police and Family Services and Social Work will communicate in order to implement this protocol exploring alternatives to police custody, including accommodation under the Children Act 1989 carrying out welfare checks where young people remain in custody ensuring accurate records are kept monitoring the implementation of this protocol. Please note that this protocol does not apply to young people arrested by the police for breach of bail conditions or on a warrant as these young people cannot be subject to a PACE transfer, and will be held in a police cell for court. 2 LEGAL FRAMEWORK Under section 38 (6) of the Police and Criminal Evidence Act 1984 a young person who is likely to be detained overnight must be transferred to local authority accommodation (known as a PACE transfer) unless it is impracticable to do so. It will be deemed impracticable to make the transfer where the custody officer believes the young person must be transferred to secure accommodation due to the risk to the public but no secure accommodation is available in the area. 3
Under section 21 (2) (b) of the Children Act 1989 the local authority must provide accommodation for children where the police make a request under section 38. 3 PROCEDURES FOR SEEKING LOCAL AUTHORITY ACCOMMODATION It is essential that whenever there is a young person kept overnight in a Camden Police Station that the Camden EDT or Youth Offending Service is contacted. Both the police and Local Authority officer should keep a record of the name of the person they spoke to, and date and time. If the young person is not from Camden, the police will need to make contact with the home local authority to discuss alternative accommodation, but also contact Camden EDT so that the essential welfare checks can be made for Young People remaining in the police station. A fundamental principle underpinning this protocol is that whenever possible a young person should be bailed rather than remain overnight in a police station. Children under 12 years old or without age appropriate competence or with special needs must always be bailed, or a transfer agreed to local authority accommodation. If for any reason it is considered essential that a young person with special needs must be kept in a police station overnight, then the decision must be taken by Senior Inspector on Duty in consultation with the Emergency Duty local authority officer. It must subsequently be reported to the Assistant Director of Family Services and Social Work. For those between 12 and 17, remaining in a police station overnight should be avoided unless the young person has been arrested for breach of bail conditions or on a warrant as these young people cannot be the subject of a PACE transfer. Where young people are declined bail, the reasons must be recorded clearly by the police and the relevant local authority officer. For detention to continue and bail home being refused, the police must demonstrate that there is are clear evidence to believe one or more of the following: The young person would fail to appear in Court; The young person would commit further offences if released; It is necessary for their own protection; It is necessary for protection of others; It is necessary to prevent interference with justice/investigation; 4
There is doubt about their identity/name/address; The custody officer believes it is in the person s interests. After declining bail, the custody officer should contact the local authority (YOS in normal office hours, EDT at all other times) and give reasons why bail is declined. The Local Authority officer should start from a position of advocating for bail, and should actively challenge the refusal if the case for declining bail appears dubious. However this is the final decision of the custody officer. Following declining bail, the custody officer should pursue possible local authority accommodation. Custody officers should not request secure accommodation as: This would require the young person in question to meet the requirements for welfare secure provision under section 25 of the Children Act, which are extremely rigorous and unlikely to be met. In the unlikely event that the Young Person meets the threshold, Lack of secure accommodation in London, and the surrounding area means that it is unlikely there will be a vacancy at short notice; This also means that there is unlikely to be sufficient time to transfer the young person to the bed overnight and back again in time for court the next morning. The custody officer should enquire about what local authority accommodation would be available. The local authority officer should seek a placement (which would not be secure accommodation) that would be suitable for young people who are detained in police stations, to offer as an alternative to custody. This may still be declined by the custody officer on the grounds that the risk is still too high if the young person is not kept in custody, but the conversation must be recorded by both parties. Other factors the local authority officer may consider are the time of the request for accommodation, and the risk of violence. Where the request is received after midnight, it will not be feasible to transfer the young person to a placement, as the young person would have no opportunity for adequate rest prior to being returned for their Court appearance. Also, transfer to a placement may on balance be too much of a risk to any staff, foster carers or other residents at the proposed placement. If timing or risk to others is the underlying reason for the refusal of a transfer, this must be recorded at the time by both the police and the local authority officer. 5
4 YOUNG PEOPLE DETAINED OVERNIGHT It is inevitable that even with the operation of this protocol, some young people under 17 years old will remain in a police station overnight, and suitable attention to the young person s welfare will be required. This includes those who are not bailed because of already being in breach of bail, or those held on a warrant. The minimum requirement is for the local authority officer is to go through a welfare checklist (attached as appendix 1) over the phone to ensure that, as far as possible, any individual issues have been addressed. However, when a referral to the local authority from the custody officer allows a visit to be arranged before midnight, the local authority should send somebody to speak directly to the young person (this will be a separately commissioned service). The visiting person will subsequently speak to the local authority officer and/or the custody officer of any matters of concern. 5 RECORDING AND MONITORING The local authority and police should produce quarterly reports on young people detained in custody, including numbers and reasons for detention, which should be presented to the Local Children s Safeguarding Board for consideration. 6 SUMMARY 1) The custody officer must always inform the relevant local authority of any young person who has been declined bail, and who they intend to keep in custody. 2) Camden YOS or Camden EDT must also be informed of any such young person in custody within a Camden police station. 3) Reasons for declining bail must be clearly stated and recorded by both parties. 4) With the exception of those already in breach of bail, or held on a warrant, there should be a discussion of available local authority accommodation, and where acceptable the young person should be transferred there. 5) Where local authority accommodation is deemed unsuitable, the reasons must be recorded by both parties. 6) Any young person remaining in custody overnight should be the subject of a welfare check. If it is possible to see the young person before midnight, then the check will be done in person by a service separately 6
commissioned by the local authority. After midnight the EDT Officer will undertake the welfare check by telephone. 7) Quarterly figures, including numbers held overnight, and reasons for declining bail/transfer, should be produced by both the police and local authority for consideration at the Local Children s Safeguarding Board. 7
APPENDIX 1 Name of young person Request for Secure Accommodation Checklist Camden EDT EDT officer Dob / specify age/ legal status Home Address (In Borough?) Police station Custody Sgt making request Custody number Time/Date of request Reason for detention & Reason why bail home declined Reasons can be: Breach of Bail or Police believe: Person would fail to appear in Court Person would Commit further offences It is necessary for their own protection It is necessary for protection of others It is necessary to prevent interference with justice/investigation There is doubt about their identity/name/address The custody officer believes it is in the person s interests 8
Date/Time of Request/ Time of arrest / length of detention Court date and location-=time to remain in custody Risk assessment eg history of violence or absconding Last meal taken Last rest period / period of uninterrupted sleep Family informed of detention & contact details Medical needs/seen by FME? Plans for overnight checks Supervision / consultation Decision 9