HC Deb 01 April 1980 vol 982 cc144-5W
Mr. Thomas Cox

asked the Secretary of State for the Home Department if he will list the procedures which a police officer is required to follow once he has apprehended and taken a juvenile to a police station.

Mr. Brittan

The law and procedures relating to the detention and questioning of persons in police custody are described in memoranda IV and V of the Home Office evidence to the Royal Commission on criminal procedure (copies of which are in the Library of the House). In addition, the police are required to take all practicable steps to notify a parent or guardian of the arrest of a juvenile and to ensure that, as far as practicable, a juvenile is interviewed only in the presence of a parent or guardian or of some other suitable person. Many police forces have special arrangements, described in memorandum VI of the Home Office evidence to the Royal Commission, under which a juvenile will normally be released while background inquiries are carried out and the decision is reached on whether to prosecute.

Mr. Thomas Cox

asked the Secretary of State for the Home Department how long a juvenile can be kept in police custody before a decision is taken as to whether a criminal charge is to be made by the police.

Mr. Brittan

Section 38 of the Magistrates' Courts Act 1952 provides that any person who is retained in custody after arrest must be brought before a magistrates' court as soon as practicable. In addition, where a juvenile is detained, section 29(5) of the Children and Young Persons Act 1969 requires him, except by reason of illness or accident, to be brought before a magistrates' court within 72 hours of his arrest.

Mr. Thomas Cox

asked the Secretary of State for the Home Department if he is satisfied with the present facilities under which a juvenile can be detained by the police in a police station; and if he will make a statement.

Mr. Brittan

Home Office guidance to chief officers of police makes it clear that juveniles should not be placed in police cells, unless they are so unruly that they are likely to cause damage in a detention room or other accommodation. Chief officers have also been asked to ensure that secure accommodation, not in police cells, is made available at any station where it may be necessary to detain juveniles overnight. We have no reason to think that this guidance is inadequate or is not being followed.