Campaigners call on police to end overnight detention of young people

Neil Puffett
Monday, December 12, 2011

Prison campaigners have called for a ban on under 14s being detained in police cells overnight, labelling the practice "dangerous and frightening".

Detaining children in cells overnight has been described as dangerous.
Detaining children in cells overnight has been described as dangerous.

Figures obtained by the Howard League for Penal Reform following a Freedom of Information request show that 53,000 children aged under 16 were detained in police cells in 2008 and 2009, of which 11,500 were aged between 10 and 13.

The true figures could be far higher as only half of police forces contacted throughout England supplied figures.

A report by the Howard League on the issue calls for a ban on the practice, recommending that the age of criminal responsibility be raised in line with European standards to 14 years to stem the flow of children into police custody.

Frances Crook, chief executive of the Howard League for Penal Reform, said: "I was horrified to discover how prevalent the practice of holding young children in police cells for one or even several nights across the country. 

"What children need is somewhere safe, not somewhere secure. From conversations we have had with the police it seems that some children are being held in police cells for child protection reasons, for example when a child is found out alone at night.

"If parents can’t be relied upon to provide a safe place for these children, it is up to the local authority. A police cell is not an appropriate place for children, and this commonplace, dangerous and frightening practice does more harm than good."

Dr Layla Skinns from the University of Sheffield, who researched and wrote the report for the Howard League, said the complexity of the legislation affecting the overnight detention of children is an problem.

"There appears to be a break-down in the referral process between police custody and local authority accommodation," she said.

"Spending the night in a police cell is likely to be a frightening and intimidating experience for children who will be placed in the same environment as adults. This needs to change. Other options need to be explored, such as greater use of police bail or emergency foster care.

"And there needs to be less complexity in the legislation and greater accountability when the referral process breaks down."

Assistant Chief Constable Andy Adams, lead for custody at the Association of Chief Police Officers,  said taking an individual into police custody is a decision which police officers do not take lightly, particularly when they are dealing with young people.  

"As with adults, detention of children in custody is authorised for a number of reasons, including to further a criminal investigation, to uncover the identity of any suspects or because detention is the way of ensuring safety.  

"Where we have detained young people because there are no other safe places available, we work with partners in health and social care agencies so that other arrangements can be made as quickly as possible.  

"However, when working late at night or when we cannot locate a young person's parents or appropriate carers, this is not always immediately achievable.      

"As with adults, the rules for detention of children is set down in law and on every occasion must be authorised by a custody officer and the reason for their detention reviewed regularly."

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