CHILDREN DETAINED UNDER POLICE AND CRIMINAL EVIDENCE ACT

HL Deb 20 June 1994 vol 556 cc11-4WA

Baroness Faithfull

asked Her Majesty's Government:

Whether the categories of children "looked after" by a local authority under Section 22 of the Children Act 1989 include children whom local authorities are requested to receive under the Police and Criminal Evidence Act 1984; and, if not, under what statutory authority can they be held in secure accommodation before going to court.

Earl Ferrers

Section 38(6B) of the Police and Criminal Evidence Act 1984 gives local authorities the power to detain young people who are transferred to local authority accommodation under Section 38(6) of that Act.

Regulation 6 of the Children (Secure Accommodation) Regulations 1991 provides that the local authority's power to place children in secure accommodation—given in Section 25 of the Children Act 1989—applies to children detained under Section 38(6) of PACE. As that regulation indicates, such children are included in the categories of children who are being looked after by a local authority within the meaning of Section 22 of the 1989 Act.