This report is the result of a thematic inspection by HMICS on the care of detained and arrested children. Legislation dealing with the detention, arrest and prosecution (or its alternatives) of children, comprises the Criminal Procedure (Scotland) Act 1995 (as amended) and the Children (Scotland) Act 1995 and associated guidelines issued by the Lord Advocate.We have used this legislation and official guidance, along with a range of other information, to assess current arrangements.
Number | Recommendation |
|---|---|
1 | That forces adopt a policy where the decision not to liberate the child and instead either cause the child to be kept in a place of safety or retained at a police station, must be endorsed by a police officer of superintendent or higher rank. |
2 | That forces make sure that whenever a child is held in custody at a police station, as a minimum, a formal review is carried out: • by custody staff, every four hours • by a police inspector or higher rank, every eight hours • by a police superintendent or higher rank, every 24 hours and that, where appropriate, all these reviews are conducted in consultation with social work or other agency staff. A detailed record of each review should be recorded on the custody system. |
3 | That forces refer to the certificate required to record the retention of a child in custody at a police station as a child retention certificate (CRC) or child detention certificate (CDC), and provide their respective police boards or authorities with anonymised details of the number of certificates completed on a monthly basis. |
4 | That forces, in conjunction with the Scottish Police Services Authority (SPSA), seek to develop a joint training and awareness programme to ensure that the guidelines, relevant legislation and good practice are clearly understood and implemented in Scotland by all those involved in the care of detained and arrested children. |
5 | That forces engage with the Scottish Police Services Authority (SPSA) to ensure that the National Custody System (NCS) is capable of recording and recalling all actions, issues and incidents involved in the custody process and of providing analytical, investigative and management information on each of these, easily and efficiently. |
6 | In order to ensure that the best possible response for each child is provided whenever police forces wish the child to be kept in a place of safety, they should work together with local authority social services and/or other agency staff, to implement a process of joint risk assessment, in line with Getting it right for every child (GIRFEC) and promote the sharing of knowledge and expertise. |