Children, Young People and the Police

1. Children, Young People and the Police T/Chief Constable Jacqui Cheer ACPO Portfolio Lead for Children and Young People

2. Friend ………. or ………..Foe?

3. emergency care procedures emergency service place of safety service of last resort preventing re-offending saving lives finding the missing available 24/7 removing adult offenders safety net

4. Two sides to every story -Arrests • 33% decrease in arrests of 17 year olds and young people arrested between 2008 and 2011. • Significant decrease in recorded crime (15%) and reports of anti-social behaviour. • Community resolution and restorative justice practices. • Still over 200,000 arrests in 2011

5. Two sides to every story -Arrests • Lawful – On warrant; Is; About to; Suspected to be; or about to be committing an offence • Necessary – Correct name & address, prevent physical harm, prevent property loss or damage, protect another child or vulnerable person, prompt & effective investigation or prevent disappearance • Proportionate – Can the objective be met by other, less intrusive means • These criteria are examined by custody officer before decision to detain is made and throughout period of detention.

6. Two sides to every story -Appropriate Adults “Howard League supports legal action on 17 year olds in police custody” Press Release 7th November 2012 “As it stands, vulnerable 17 year olds will only be provided with access to an appropriate adult at the discretion of the police. Yet we are aware that discretion is rarely used.”

7. Two sides to every storyAppropriate Adults Police and Criminal Evidence Act & Codes: Appropriate Adults • A juvenile or a person who is mentally disordered or otherwise mentally vulnerable. • Juvenile = under 17 • Mentally disordered = any disorder or disability of mind (Mental Health Act 1983) • Mentally vulnerable = because of their mental state or capacity, may not understand the significance of what is said or they say.

8. Two sides to every storyAppropriate Adults Police and Criminal Evidence Act & Codes: Appropriate Adults • Parents and guardians – should not be appropriate adults if victim, witness, suspected to be or involved in the offence or received admissions prior to acting as A.Adult. • If detainee is mentally disordered or mentally vulnerable ‘it may be more satisfactory’ if A.Adult is trained or experienced rather than a relative.

9. Two sides to every story -Mental Health Detentions “Children as young as 11 were held in police cells in England and Wales in 2011 because officers thought they were mentally ill” BBC online news 18th November 2012 “There were 347 such detentions, some [two] for more than 24 hours.”

10. Two sides to every story -Mental Health Detentions • Constable finds in a place which public have access to a person who appears to the officer to be suffering from mental disorder and to be in immediate need of care or control, may if they think it is necessary to do so in the interests of that person or for the protection of other people remove that person to a place of safety. • Place of safety includes police stations • For up to 72 hours • To enable an examination by professionals • Mental disorder = any disorder or disability of mind (Mental Health Act 1983)

11. Two sides to every story -Mental Health Detentions “It’s quite clear that, in some places, police officers who are finding vulnerable young people at a point of crisis have no realistic option other than to take them to cells, I don’t think that anyone looking at the situation would think that that’s the best answer.’ Chief Constable Simon Cole (ACPO Lead Mental Health) “I think it’s a reflection of what’s happening in society in terms of pressure on services that we’re having to resort to this and that the police are having to deal with young people in this way.” Lucie Russell, Young Minds (mental health charity)

12. Two sides to every story -Overnight Custody • I was horrified to discover how prevalent the practice is across the country. Thousands of children are detained for at least one night in police cells ever year. A police cell is not an appropriate place for children. This is an evil practice and must stop.“ Frances Crook (Howard League for Penal Reform)

13. Two sides to every story -Overnight Custody “As with adults, detention of children in custody is authorised for a number of reasons, including to further a criminal investigation, to uncover the identity of any suspects or because the disappearance of that person would hinder any prosecution. The rules for the detention of suspects are set down in law and on every occasion must be authorised by a custody officer. Detentions… are reviewed regularly to ensure that they are being held in accordance with the law and not for any longer than required for police investigations.“ ACC Andy Adams (ACPO)

14. Two sides to every storyOvernight Custody “A teenager [16] has been detained for a brutal attack on a 10 year girl….the incident caused shock in the local community at the time and left the victim fighting for her life in hospital…Cleveland Police later called for calm after threats were posted on social networking site.” Evening Gazette July 2012 “Two teenagers [14] subjected a girl of 14 to a terrifying and humiliating sex attack during which she was bound and gagged and shoved in a cupboard….the victim had to bite through the plastic bag [placed over her head] to breathe and tied to escape through a window.” Northern Echo November 2012

15. Opportunities and Threats • Police and Crime Commissioners • College of Policing • Association of Chief Police Officers • ‘single minded crime fighters’ • Churn of Chief Constables • Public sector budget cuts

16. My next steps • Position the portfolio to achieve the aims • 4 priority activities; 1. Improving information sharing to protect victims and tackle offending, 2. Focus on outcomes not numbers, 3. Improved engagement, 4. Ensuring enforcement and custody developments consider the impact on young people • Work with others to make a positive difference

17. And finally. • The police only part of the machine, sometimes the large cog and sometimes the small, • At times we are the lubricant that makes it work more smoothly and sometimes the grit that clogs up the machine, • But the vast majority of us are absolutely committed to saving lives and protecting people from harm.

18. In my new role I will work with others to support the Howard League in your aim to IMPROVE THE INTERACTIONS BETWEEN YOUNG PEOPLE AND THE POLICE, BUILT ON A BASE OF MUTUAL RESPECT.