In a landmark judgment in April, judges Lord Justice Moses and Mr Justice Kenneth Parker ruled that treating 17-year-olds at the police station in the same way as adults is unlawful.
Police are currently obliged to contact a parent or an “appropriate adult” to offer support and advice for young people in custody aged 16 or under, but not for 17-year-olds, unless the young person is deemed to be “vulnerable”.
The Home Office accepted the court's judgment and has been working over the summer to amend codes of practice.
The main proposed change is to require an appropriate adult to be called to help a 17-year-old in police custody, and for a person responsible for the welfare of the 17-year-old, such as a parent or guardian, to be informed of their status as a detainee.
However, unlike the current circumstances for 10- to 16-year-olds, there will be no requirement that a 17-year-old be placed in local authority accommodation if a decision to detain them after they have been charged is taken.
Meanwhile, the permission of a parent or guardian will not need to be sought for intimate searches, X-ray and ultrasound scans, and the taking of fingerprints, samples and other identity details.
“I think they are trying to do as little as they can to comply with the judgment,” said Shauneen Lambe, director of Just for Kids Law.
“It is potentially unlawful given the judgment in April and a bit short-sighted.
“By doing it in a piecemeal way they leave themselves open to challenge.”
A consultation on the changes closes on 25 September. The Home Office intends to implement the changes in early October.
A Home Office spokesperson said: "The government believes the welfare and protection of all those held in police custody, especially young people, is extremely important and we are taking the necessary steps to fully comply with the judicial review.
"Interim guidance has been issued to all chief constables, advising them that 17-year-olds in custody must be offered the assistance of an appropriate adult, and we are now in the process of consulting on revisions to the Police and Criminal Evidence Act 1984 (PACE) Codes of Practice.”
Lin Hinnigan, chief executive of the Youth Justice Board, said: “It is our clear view the youth justice system should be distinct and were pleased with the High Court ruling, which recognised the present anomaly in PACE.
“As part of the government’s consultation on PACE Codes C and H, we will be submitting a response, reflecting our long-standing view that 17-year-olds in police custody should not be treated in the same way as adults.”
