Commons Sense

House of Commons · Ministers' Questions

Children in Custody

Monday 18 September 2023 · 2 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 0 Partly answered 1 Not answered 0

Key points

  • Children should be detained only when necessary and must be provided with an appropriate adult.
  • The College of Policing provides operational guidance for police, and the concordat on children in custody supports police and local authorities to meet their statutory responsibilities.
  • Children detained in police custody must have an appropriate adult, with statistics showing this happens in 99% of cases.

Topics (select to filter)

Questions & Answers

Q1 Janet Daby Lab Lewisham East
Safeguarding & DBS Children & Families
Context

The question addresses the issue of upholding the rights of children when they are detained by police.

Question

What recent guidance her Department has issued to the police on upholding the rights of children in custody. The questioner seeks specific details about any new directives or guidelines related to this topic.

Answer from Sarah Dines

Children should be detained only when necessary, and must be provided with an appropriate adult. The College of Policing provides operational guidance for police, and the concordat on children in custody supports police and local authorities to meet their statutory responsibilities. HM inspectorate of constabulary and fire and rescue services also sets expectations for the treatment of children in custody.

Partly answered

Not addressed: The answer does not provide specific guidance issued by the Department, instead referring to existing bodies such as the College of Policing.

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Q2 Janet Daby Lab Lewisham East
Crime & Law Enforcement Children & Families
Context

The question addresses the requirement for children to decide whether they wish to receive legal advice upon arrest, which is seen as inappropriate given their age and maturity levels.

Question

When a child is arrested, they must choose if they wish receive legal advice, just like an adult. But children are not adults, and no one should expect a child aged 10 or above to decide whether to exercise their right to a solicitor. The questioner asks the Minister to explain why the Government believe that children should be forced to make such a decision.

Answer from Sarah Dines

I remind the hon. Lady that children are involved in crime. Children detained in police custody must have an appropriate adult—statistics shows that that happens in 99% of cases—who can be of assistance. I want that to be 100%. Police custody remains a core part of the criminal justice system. It is critical for maintaining police confidence, bringing offenders to justice and keeping the public safe. We must ensure that adults do not abuse children and are not attracted to making children get involved in criminal activity because the police are too scared to put them into custody if necessary.

Not addressed: The answer changes subject to discussing overall criminal justice and adult-child relationships rather than addressing why children must decide on legal advice upon arrest.

How: Changes Subject

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