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PROCEDURE – Juvenile, Young Person
Arrest, Reception and Detention
Number: E 0103 Date Published: 25 June 2014
1.0Summary of Changes
This is a new procedure which should be read by all police officers and police staff who deal with the custody process of young persons/juveniles.
2.0What this Procedure is about
This procedure provides guidance and instruction on the actions to be taken by Essex Police staff when arresting a juvenile or young person, and when that person is received at any designated police station in Essex.
The legislation underpinning this procedure can be found in the Police and Criminal Evidence Act (PACE) 1984, Section 24 and The Code of Practice Code G, Part IV and in Code C to the Act and guidance from within the Authorised Professional Practice.
This procedure is born out of the necessity to ensure compliance with the above and to provide that, where possible, juveniles and young people spend only that time in custody that is absolutely necessary to deal with the offence for which they have been arrested.
2.0Definitions
A juvenile is defined as being aged 16 years or under. A young person is defined as being aged 17 years.
Recent amendments to PACE extend obligations that previously applied to juveniles only to young persons also.
Compliance with this procedure and any governing policy is mandatory.
3.0Detail the Procedure
3.1Arrival at Custody
All detainees must be seen by the custody sergeant as soon as practicable after their arrival and this is no different for juveniles and young persons (See E 0101 Procedure – Detainee Reception).
However, the young person is likely to be more vulnerable than an adult simply due to their age, especially if it is their first time in custody.
Where possible, no other detainee over the age of 18 should be present in the booking in area. Although Essex Police does not have private or separated custody booking in facilities, every effort will be made to provide a private and supportive environment.
3.2Assessment of Vulnerability and Risk
Young people who have been detained are, when compared with the normal population, statistically more likely to:
- Suffer from mental health problems;
- Have substance misuse problems;
- Have literacy and numeracy levels below that expected nationally for their age;
- Have specific difficulties with speech, language and communication;
- Have difficulty expressing their views and participating in decision making;
- Have low self-esteem and confidence;
- Have been found to be in ‘high levels of housing need’, i.e., they may have been living in inadequate housing or placed in temporary accommodation, bed and breakfast or a hostel.
The following are health issues that may put young people at risk in police custody. The child or young person:
- Has attention deficit hyperactivity disorder (ADHD);
- Is on the Autism Spectrum;
- Requires detox;
- Is expressing or displaying depression;
- Has mental health concerns;
- Is on medication;
- Is a parent;
- Is pregnant;
- Has a substance misuse problem.
To obtain the best possible information from the juvenile or young person, the custody sergeant should use language appropriate to the age and understanding of the detainee.
It is essential that the risk assessment is clear using precise language to describe the young person’s behaviour and characteristics as these will affect decisions on the level of supervision required and the most appropriate method of disposal or diversion.
Consideration must be given to securing the services of a Healthcare Professional (HCP) to undertake a full assessment of the vulnerability of children and young people. The use of an HCP should not be viewed as only being necessary if the young person presents with an obvious medical need. All HCPs currently serving Essex Police custody suites are ‘Safeguarding Trained’.
Custody staff must be aware of their responsibilities to the wider issue of the young person’s overall safeguarding and not view their detention in isolation. Where the decision is taken NOT to use an HCP to assess the young person, the rationale for this must be recorded on the custody record and kept under constant review.
Where custody staff have concerns regarding the young person’s safeguarding, they are to communicate these to the relevant partners e.g., Social Services.
3.3Rights and Entitlements
The young person will be provided with their rights and entitlements in accordance with PACE. The custody sergeant should use language appropriate to the level of understanding exhibited by the young person.
In addition to the notice of rights handed out to all detainees, all those to whom this procedure applies will be provided with the Essex Police information leaflet for those aged under 18.
This provides additional information in a manner and layout which will be easier to understand for the young person about the custody process and what they can expect while detained.
The custody sergeant may supply this leaflet to any other detainee they believe would benefit from it.
The custody record is to be endorsed to this effect and the young person asked at the charge desk under CCTV if there are any immediate questions they have.
The procedure for using the cell call facility, toilet and exercise yard will be explained by the detention officer accompanying the young person to a cell. This will be recorded on the custody record using the “Detainee – Cell & Exercise Yard Explained” entry.
3.4Female Detainees Aged 17 or Under
Females aged 17 years or under must be under the care of a woman while being detained. This is a requirement under Section 31 Children and Young Persons Act 1933.
The carer need not be physically present in the custody suite and with the detainee at all times but must be readily available to the detainee throughout their period of detention. Consideration should be given to each individual as to whether the carer should be present or not.
Once identified, the details of the carer should be noted on the custody record. On most occasions, it is likely a female member of custody staff will be on duty and able to fulfil this role. But, on occasions where this is not the case, it is essential the custody sergeant identifies a carer, and if not possible they should liaise with the NCT Sergeant to have one appointed.
The carer should arrange with the custody sergeant to visit the detainee and check on her welfare needs, and the detainee should be told that she can ask to see the carer at any time.
The PACE Custody Inspector will ensure that the above has been complied with during their review of such detainees.
3.5Appropriate Adults
HMIC have expressed concern that Appropriate Adults (AA) often only attend custody for the purposes of the criminal interview as opposed to an early attendance for the serving of detention rights on the young person. This can result in the detainee not fully understanding their rights during their initial detention.
It is important that all staff recognise the importance of, and the need to secure the attendance as soon as possible of, an AA.
The AA should attend the police station as soon as is practicable. The custody sergeant will ensure that all contact with the AA is fully recorded on the custody record.
AA’s must be able to provide effective support to the young person. In the first instance, a parent/legal guardian should be considered for this role. If the parent/legal guardian requires practical assistance in attending the police station, the relevant R&P or NCT Sgt should be contacted to facilitate this. A record will be made of this on the custody record.
The AA should be asked to attend the police station as soon as possible to facilitate the service of rights on the young person. Where the AA is unable, or unwilling, concerted efforts must be made to persuade them of the important role they have to play. Only once all attempts to contact family members, friends etc. should the AA service be considered.
The AA service is staffed by volunteers and currently operate between 0800 and 2200hrs. Whilst their service is appreciated, staff should ensure that, where the service is to be used in lieu of parent/guardian etc, their attendance is still required at the earliest opportunity to facilitate rights etc and ensure safeguarding matters are addressed. The AA service must never be asked to attend solely when officers are ready to interview. Delaying attendance like this simply means that the juvenile is deprived of their rights for an unacceptable period of time.
3.6Remand
Once charged with an offence, the custody officer will decide if further detention is necessary under S38(1) PACE. If this criterion is met then the juvenile must be transferred to Local Authority Care for the remainder of their detention (Code C, para 16.7 and s. 38(6)) unless it is either:
- Impracticable to do so; OR
- In the case of a juvenile of at least 12 years old, no secure accommodation is available AND there is a risk to the public of serious harm from that juvenile.
To assist in making this decision the following are produced as guidance:
- Impracticable – the behaviour of the juvenile and the nature of the offence will not have a bearing on the question of whether a transfer is physically impracticable neither will the actual availability of local secure accommodation but things that will, might include; the availability of a member of the youth team to collect the detainee, or inclement weather. But, should any of these reasons improve/change then the practicality of transfer must again be considered. If the transfer is practical, then the relevant local authority must be made aware of their responsibility to provide accommodation;
- Where the custody officer decides that it is practical to transfer the detainee, that detainee can then only be kept in detention at the police station if they are at least 12 years old, no secure accommodation is available AND there is a risk to the public of serious harm from that detainee.
- Where the detainee is under 12 years old they MUST be transferred to Local Authority Care regardless of the offence committed. They can only be detained at a police station if a transfer is impracticable for the reasons outlined in 3.5.1
- The custody officer must produce a certificate of detention (available on NSPIS) of the decisions made in respect of a juvenile detained at a police station and not transferred to Local Authority care. The certificate will outline the offence and the reasons for not transferring them. This certificate must be produced to the court.
3.7Warrants and Breach of Bail
As the requirements as above in 3.5 relate to juveniles who have been charged they don’t apply to those arrested for breaching bail or on warrant. These individuals will not be charged but will simply be put before a court. Therefore there will be no requirement to transfer them to Local Authority care.
3.8Considerations for Officers Considering the Arrest of a Person Under 18
The power to arrest a person who is involved, or suspected of being involved, in a criminal offence must be:
- Used fairly, responsibly, in a non-discriminatory and proportionate manner which is fully compatible with Article 5 - The Right to Liberty, and
- Fully justified.
Officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means.
Officers must consider if arresting a juvenile or young person is the most proportionate way to deal with the matter being investigated and if it is, is immediate conveyance to custody the most appropriate next step.
Essex Police seek to keep time spent in custody by juveniles and young persons to an absolute minimum that is necessary to investigate the offence.
Where there are matters of risk of harm presented by, or to, the juvenile or young person then officers are to be confident of their decision to convey the juvenile or young person to the custody suite.
However, where no such risk is present, if arrest is still deemed the most appropriate course of action, officers must consider carrying out that arrest during times that would not cause un-necessary delays in custody. For example, arrest should not be considered late at night or where the juvenile or young persons’ detention would likely under all the circumstances extend beyond 2300hrs.
4.0Equality Impact Assessment
EIA - Custody.
5.0Risk Assessment
All persons detained at a police station must be subject to an ongoing, continuous risk assessment. This process commences at the time of their arrest or detention and continues on arrival in custody and throughout the entire period of their detention - see E 0104 Procedure – Post Reception Detainee Care.
6.0Consultation
- Federation / Unison
- Diversity / H&S
- Custody Inspector / Detention Officer
- R&P Inspector
7.0Monitoring and Review
The procedure will be subject to a review by, or on behalf of, the Head of Criminal Justice and Offender Management Department every 12 months.
8.0Governing Force policy.
Related Force policies or related procedures
- E 0100 Policy – Custody
- E 0101 Procedure – Detainee Reception
- E 0104 Procedure – Post Reception Detainee Care
9.0Other source documents, e.g. legislation, Authorised Professional
Practice (APP), Force forms, partnership agreements (if applicable)
- Essex Police Information Leaflet
Procedure Author:s40 FOI applies, Custody Commander, CJOM
Procedure Owner:s40 FOIA applies, Custody Commander, CJOM
Cancellations:None
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