On 25 April, the UK High Court in a landmark ruling, R(C) v Secretary of State for the Home Department and Metropolitan Police , held it is unlawful to treat 17 year olds in police custody as adults.
Due to an anomaly in the Police and Criminal Evidence Act (PACE) 1984 and the PACE codes issued by the Home Secretary, 17 year olds have frequently been denied access to a parent or other independent adult while in police custody.
The case concerned a 17 year old boy who was detained in a London police station for 11 hours on suspicion of having stolen a mobile phone. He was not permitted to contact his family who did not know where he was. When his mother eventually learned where he was she was prevented from communicating with him.
Lord Justice Moses stated "It is difficult to imagine a more striking case where the rights of both child and parent under article 8 [of the European Convention on Human Rights, protecting family life] are engaged than when a child is in custody on suspicion of committing a serious offence and needs help from someone with whom he is familiar and whom he trusts in redressing the imbalance between child and authority."
The decision was welcomed by a number of UK charities which have campaigned to have this issue redressed through the courts. Director of children’s legal organization Just For Kids Law, Shauneen Lambe expressed pride in the outcome and called for swift action by the Home Secretary. Campaign supporters include parents of a number of 17 year olds who committed suicide after having been arrested.
The same week saw Justice Secretary Chris Grayling announce a number of prison reforms. These include restrictions on access to Sky TV and gym facilities and a requirement that prisoners wear a uniform for the first two weeks in custody. Mr Grayling stated "It is not right that some prisoners appear to be spending hours languishing in their cells and watching daytime television, while the rest of the country goes out to work.”
"For too long there has been an expectation that privileges are an automatic right, given as a reward for staying out of trouble. This cannot continue.”
The proposed reforms have prompted considerable criticism from the Howard League for Penal Reform. Chief Executive Frances Crook responded “Chris Grayling’s plans for new layers of red tape are unlikely to get prisoners out of bed and into work or training and may result in punishing people for an idleness that prisons encourage.”
Click here to read a press release from Just For Kids Law
Click here to read an article in the Guardian on prison reforms
Click here to read a press statement from Howard League for Penal Reform