Recommendations - Northamptonshire Police, March 2021

The IOPC recommends that Northamptonshire Police should take steps to assure itself that appropriate systems are in place to ensure that custody staff adhere to their responsibility, in accordance with Paragraphs 8.8 and 8.10 of PACE Code C, to record the reasons for placing a juvenile in a police cell. The record shoud be made as part of the booking-in process or as soon as possible after placing a juvenile in a cell. An 11 year old boy was arrested and detained overnight in an adult cell following an allegation of a sexual offence against another juvenile. Both children were residents at a care home and therefore safeguarding issues were considered by the police. However, the entry recorded on the Custody Record at this time, includes no rationale for why he was placed in a cell or what alternatives were considered to placing him in a cell. This is a specific requirement of PACE Code C Paragraphs 8.8 and 8.10. PACE Code C Paragraphs 8.8 states: A juvenile shall not be placed in a police cell unless no other secure accommodation is available and the custody officer considers it is not practicable to supervise them if they are not placed in a cell or that a cell provides more comfortable accommodation than other secure accommodation in the station. A juvenile may not be placed in a cell with a detained adult. PACE Code C Paragraph 8.10 states: If a juvenile is placed in a cell, the reason must be recorded. Do you accept the recommendation? Yes

Accepted

Force response

The IOPC recommends that Northamptonshire Police takes steps to ensure that custody officers are best supported to decide whether to authorise the detention of a juvenile. This shoud include consideration of whether appropriate sources of advice are available to custody officers when making such a decision. An 11 year old boy was arrested and detained overnight in an adult cell following an allegation of a sexual offence against another juvenile. The Custody Officer had to decide whether to authorise the child's detention. It was unclear who the Custody Officer could have sought for advice and support to assist their decision making. The evidence in this case indicates that the custody officer was presented with a difficult decision as to whether to authorise the detention of a child. They were unable to consult with the child protection team as they were not available. Ensuring custody officers are able to access advice or support regarding whether to detain a child in police custody is consistent with the National Police Chiefs' Council’s aspiration that custody is used for children only as a last resort. Do you accept the recommendation? Yes

Accepted

Force response