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Introduction
1. In Scotland, the law states that a person under the age of 16 years is a child. Some older people between 16 and 18 years who are already under supervision are also treated as children for the purposes of the relevant legislation discussed in this report.
2. It seems to be a widely held view that the behaviour of many children today as they approach their mid-teens can appear to be more mature than teenagers of the past, and even the offensive behaviour of some teenagers can appear to be more akin to adult offensive behaviour than to the misconduct of children. However, the law properly acknowledges that there must be recognition of immaturity and of the under-developed sense of responsibility of young people. No matter how outwardly mature, self-confident or even aggressive some teenagers can appear, there is always a strong possibility that this masks or is caused by real or imagined insecurity, fear, inadequacy and all of the other challenges of adolescence. The Scottish system of dealing with troubling or troubled children by diverting them from the criminal justice system has arisen from a recognition of all these things and has been justifiably admired across the developed world.
3. It is therefore important that those children who come into police hands, for whatever reason, are dealt with by police officers in accordance with the letter and spirit of this legislation and guidelines.
4. It is particularly important for the police service to provide specific care to children who are either detained or arrested and brought into police custody at a police station. The purpose of this inspection was to examine the processes, practices, procedures and protocols in place to enable forces to do this.
5. In a recently published report on custody facilities 9, we noted that the safety and welfare of all people who come into police custody is a significant responsibility for the police service in Scotland. The risks must therefore be mitigated by high standards of custody facilities and robust operating procedures. This is equally important when dealing with children, for whom special arrangements are in place.
6. This inspection in particular looked at training, understanding of relevant legislation and associated guidelines, and how police forces in Scotland 10 work together with partners and stakeholders to provide for children in these circumstances.
7. The decision to conduct this inspection arose from our consultation and risk process for identifying and prioritising topics for scrutiny. Our previous statutory responsibility for dealing with people who were dissatisfied with the way in which police forces had handled their complaints also provided evidence, through two separate cases, that there seemed to be organisational misunderstanding of the relevant legislation and official guidance in this area.
8. Our inspection methodology is described briefly in Annex B, but further details on both of these processes can be found on our website 11. We are aware of other work in progress in the field of child care and support, and of the need for more effective preventative, diversionary and rehabilitative practices for children who are involved in, or at risk of being involved in, offending.
9. This new approach has been developed jointly with a range of partners and is set out in the document Preventing Offending by Young People - A Framework for Action. The framework sets out the shared direction for driving forward work to tackle offending by young people and is underpinned by the principles of Getting it right for every child ( GIRFEC).
10. However, this inspection focused specifically on the period when children are brought into custody and are held at a police station until a decision is taken on how their cases are to be dealt with.
11. An increasing number of rulings of the European Court of Human Rights 12 have acknowledged the special vulnerability and rehabilitative needs of young offenders. Recognition of this vulnerability is reinforced by the United Nations Convention on the Rights of Children 13, which contains 'articles' relating specifically to the protection of children in custody. Any misuse of the relevant legislation or the guidelines leaves the police service in Scotland, its partners and its stakeholders, open to criticism and potential litigation.
12. This inspection found scope for improvement within the police service in Scotland in terms of understanding and implementing the practices, policies, procedures and protocols concerning the care of detained and arrested children. One of the main concerns arising was the inappropriate retention of children in custody outwith the guidelines and relevant legislation. Another was the difficulty experienced by police forces when the local authority is unable to identify a suitable place of safety. While the former is a matter for the police service itself, the latter depends on co-operative partnership, primarily between the police and social work services, at both executive and practitioner level.
13. The remainder of this report provides details of our findings.
NOTE: It is not uncommon for children detained and arrested by police to be either intoxicated or in need of other medical attention. This matter will be covered in a pending HMICS report on the provision of medical care to persons in police custody, and will therefore not be discussed further in this paper.
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