Treat 17-year-olds in police custody as children, court rules
The High Court has ruled that 17-year-olds who are arrested and taken into police custody should be treated as children.
In a landmark judgment, 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 for 17-year-olds, the decision on whether to contact an adult is down to the discretion of the officer, unless the young person is deemed to be “vulnerable”.
In many cases parents are not told that their son or daughter has been arrested.
The judicial review, brought by Just for Kids Law, was based on the case of a 17-year-old who was held in a police station in London overnight for 12 hours on suspicion of robbery.
The boy, who had no previous convictions, was not allowed to phone his mother or offered the services of an appropriate adult.
He was eventually released without charge.
Moses and Parker said it was “difficult to imagine a more striking case” where the rights of both children and adults were affected.
Shauneen Lambe, director of Just for Kids Law, said: “A pressing concern is how this protection can be implemented to protect 17-year-olds immediately, given the court’s ruling that they have a right to be protected.
“We have asked the Home Secretary to issue immediate guidance to the police while she begins her consultation. Just for Kids Law would be happy to assist in the drafting of this.”
The Howard League for Penal Reform and the Coram Children’s Legal Centre were both allowed to make representations to the court.
Carolyn Hamilton, director of international programmes and research at Coram Children’s Legal Centre, said: “We are very pleased with the judgment and Coram Children’s Legal Centre now calls on government to rectify this unlawful, discriminatory anomaly in the criminal justice system and its codes of practice, to bring them into line with children’s rights without delay.”
Tabitha Kassem, legal director at the Howard League for Penal Reform, said: “Allowing 17-year-olds the right to this protection is not complicated or unduly expensive; in fact, Avon and Somerset Constabulary already provide 17-year-olds with access to an appropriate adult as a matter of course.
“We are delighted to see that the Association of Chief Police Officers has announced its support for a change in the law, and we hope that the Home Office will respond appropriately.”
Maggie Atkinson, Children’s Commissioner for England said: “I am delighted the high court has ruled today that it is unlawful to treat 17 year olds in the same way as adults when they are in police custody and that they should be considered to be children and allowed contact with parents or carers.
“I have previously raised concerns about this matter with the government and look forward to seeing what measures will be put in place to protect the interests of 17 year olds in police custody.
“I am sure today’s decision will result in better protection for all children who are arrested. I hope it will also reduce the likelihood of 17-year-olds turning to suicide when they have been in trouble with the law.”
Across England and Wales, 75,000 17-year-olds are held in police custody every year.
Source: CYPNow
