Commons Sense

House of Commons · Westminster Hall

Rights of Children (Police Custody) — [Mr Philip Hollobone in the Chair]

28 June 2022 · 5 other contributors · 11,922 words

Opened by Janet Daby Lab Lewisham East

Responding minister: Rachel Maclean

Crime & Law EnforcementJustice & CourtsChildren & Families

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

Read the full transcript on Parliament.uk

At a glance

Janet Daby raised concerns about rights of children (police custody) — [mr philip hollobone in the chair] in Westminster Hall. A government minister responded.

Key points

  • Concerns raised about children's rights in police custody, noting over 50,000 children are detained annually with an average of over 13 hours per detention.
  • Statistics show a seven to eight-hour delay in contacting appropriate adults for children in custody.
  • Calls for reviewing detention practices, rolling out new approaches for appropriate adults, and exploring alternatives to intrusive searches.

Key requests to Government

I ask the Government to review the detention clock for children, roll out the Metropolitan police's new approach to appropriate adults nationwide, and explore less intrusive alternatives to strip searches. I also request increased transparency on the use of strip searches and support for an opt-out legal representation system that prioritises child welfare.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Janet Daby Lab Lewisham East

I am concerned about the failure to protect children's rights while in police custody, as highlighted by cases where children are detained for extended periods without appropriate adult support. Statistics show that over 50,000 children are held and locked up annually, with an average detention time of over 13 hours and many spending overnight in cells designed for adults. The Police and Criminal Evidence Act (PACE) intended to safeguard minors but is not effectively implemented, leading to a seven to eight-hour delay before appropriate adults are contacted when needed.

Other contributors (5)
  • Abena Oppong-Asare Lab Erith and Thamesmead

    Expresses concern over the application of force in police custody towards children, citing recent incidents involving mistaken identity which could lead to significant psychological harm. Urges for an urgent review into how force is used.

  • Claudia Webbe SNP Westminster North

    Claudia Webbe highlighted the issues of children being strip-searched by police officers while at school and in their own environment. She emphasized the need for appropriate adults to be present when children are brought into custody, and stressed the importance of proper legal representation for children during questioning to prevent them from making uninformed decisions out of fear. She clarifies that the Minister's remarks were about policing, not criminalising, black children.

  • Holly Lynch Lab Halifax

    Stressed the importance of proper treatment for children in custody, citing UN convention on the rights of the child and highlighting research showing a decline in youth crime but an increase in violent offences. Raised concerns over delays in providing appropriate adults to support detained minors and questioned whether strip searches disproportionately affect ethnic minority children.

  • Jim Shannon DUP Strangford

    Jim Shannon supports the debate on rights of children in police custody, emphasizing the need for safeguarding and welfare promotion. He highlights a case where no action was taken to protect an arrested young person. He also mentions the issue of 10-year-olds being asked if they want legal advice without understanding it, stressing the importance of appropriate adults at all stages. Shannon raises concerns about children being detained in adult cells and the high cost (£324,000 per year) of keeping a young person in custody in Northern Ireland. He questions the reoffending rate (38.5%) and seeks measures to reduce it.

  • Marsha de Cordova Lab Battersea

    Calls for more checks and balances on the role of appropriate adults in police stations, advocating for greater monitoring and scrutiny to ensure children receive an appropriate adult promptly. Also highlights that the use of force against children can have long-term mental health impacts. Marsha de Cordova highlighted the case of a child in school uniform detained for over 23 hours without being charged, stressing the need for reform and reduced time limits on children's detention. She noted that black children are disproportionately affected, with more than 44% of overnight detentions involving black youth, calling this institutional racism. De Cordova urged mandatory recording and publication of data related to police interactions with young people, including strip-searching. She called for a review into the policing of black children to address over-policing and lack of trust. She questions the Minister about the independent role of the IOPC and calls for a review of how black children are policed, emphasizing the need to prevent incidents rather than addressing them after they occur.

Government Response

Rachel Maclean

Responded to the debate on rights of children in police custody, highlighting that the majority of police officers perform their duties well under difficult circumstances. Emphasized the importance of preventing young people from crime through violence reduction units with a £500 million commitment over a long period. Acknowledged scrutiny and oversight mechanisms for police decision making and highlighted specific cases being investigated by the IOPC. Addressed issues related to appropriate adult presence during strip searches, detention clock timing, and legal advice for children in custody.

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