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Annex A: GOOD PRACTICE
1. During the fieldwork we saw many examples of good practice in the care of detained and arrested children. Some of these are referred to in the main body of this report or reflected in our recommendations. In addition, the following paragraphs raise some further points which practitioners and planners may wish to consider when reviewing their approaches.
Tayside Joint Protocol
2. A number of forces had drawn up a partnership protocol, similar to Tayside's joint protocol, with the intention of keeping to a minimum the number of children held at police stations. In Tayside, the effectiveness of its partnership with social work colleagues was demonstrated by the fact that the force was able to find a place of safety, away from a police station, for all of the small number of children retained under the guidelines and relevant legislation during the final period examined. Forces and their partners may wish to consider Tayside's approach when seeking to improve their own arrangements.
Third Party Support
3. With the exception of Tayside Police, all forces expressed some concern about the responses of social work colleagues to requests for places of safety. However, a number also told us that they would normally have a member of social work or other care agency staff present to provide support to the child. As a minimum, forces should expect a care agency member to be represented at the police station whilst efforts to trace a place of safety are being made and thereafter make regular and appropriate reviews at the police station if the child has to be retained at that police station.
Record of Consultation with Social Work
4. Lothian and Borders Police maintain a formal record of all consultations with social work staff relating to the retention of a child in police custody. The record is attached to the formal certificate of retention ( CDC or CRC) which accompanies the report to the procurator fiscal.
Third Party Training
5. Both Tayside and Lothian and Borders Police involve external partners, such as COPFS, social work departments and SCRA, in their training programmes on guidelines and legislation.
Review and Approval of Retention by a Police Superintendent
6. Central Scotland Police already requires the retention of a child in a place of safety to be endorsed by an officer of at least superintendent rank. In Fife Constabulary all custodies are reviewed by a police superintendent or higher ranking officer. Recommendations 1 and 2 of this report advocate that all forces in Scotland adopt this good practice.
Training Re-certification
7. Re-certification of staff working in the custody process in Tayside Police is dependent upon their satisfactory completion of refresher training every three years. We would support a similar re-certification process being applied in any future national training package.
Practical Scenarios
8. Strathclyde Police's training syllabus uses practical scenarios to help explain guidelines and legislation through real life situations. We see value in this approach being incorporated in the recommended national training and awareness programme.
Force Review
9. Commendably, Strathclyde Police have actioned an internal review of their processes, practices, procedures and protocols in relation to the care provided to detained and arrested children. The Force has published a memorandum to all divisional commanders providing clear and concise guidance around the detention and arrest process. The guidance is supported by an effective decision flowchart which could be adopted as good practice through the recommended joint training and awareness programme for forces. The Force's review is still ongoing but already it has achieved a significant reduction in the number of children retained in custody.
Record of Supervision Order
10. Children who are between the ages of 16 and 18 and who are, because of their offending behaviour, subject to a supervision requirement of a children's hearing (in accordance to Section 93(2) of the Children (Scotland) Act 1995), are deemed to be a child for the purposes of the relevant legislation. Some forces record this information on the Scottish Intelligence Database ( SID) and/or the Criminal History System ( CHS), to ensure that the child's status is recognised at an early stage of the custody process. This good practice should be considered by all forces.
National Custody Forum
11. The National Custody Forum ( NCF), chaired by ACPOS, was originally established to oversee the development and implementation of the National Custody System ( NCS) in Scotland. Through time the NCF's agenda has developed to engage and address a wide range of custody-based topics and issues. We were impressed by the knowledge, commitment and enthusiasm displayed by the members of the NCF who, as a group, have made a considerable and valued contribution to this thematic inspection. We see merit in allowing the NCF to develop further and propose that two separate fora be established to address the custody agenda from an executive and practitioners level.
The Youth Justice National Liaison Group
12. The Youth Justice National Liaison Group was formed following the publication of the Youth Justice Improvement Programme 30 to specifically consider issues arising as young people move out of the children's hearing system and onto the criminal justice system. The group has high level representation from COPFS, ACPOS, SCRA and ADSW with the specific remit to:
- review and improve current practice in relation to youth justice issues, particularly in relation to the transfer of persons between the child and adult justice systems;
- establish shared objectives and understandings of the issues relevant to youth justice; and
- ensure that effective information sharing and exchange is taking place between agencies.
13. This group has considered and drafted an agreement between procurator fiscals and authority reporters where cases are reported jointly to both. Additionally this group is considering the information that needs to be retained on police and criminal history systems ( CHS) and shared between agencies to ensure that effective decision making can be achieved. This includes where information should be stored about 16 and 17 year olds who are on supervision requirements on welfare grounds so that the police can easily access this information.
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