Juvenile Boys (Hansard, 16 March 1988)

§ Mr. John Patten

[holding answer 29 February 1988]: It is the Government's policy, consistent with the terms of the Bail Act 1976, that remands in custody should be restricted to those cases where they are unavoidable, given all the circumstances of the case. There is a particularly strong argument for keeping untried juveniles out of custody wherever possible, especially when they might otherwise have to be held in an overcrowded local prison. The scope for remanding juveniles in custody has been progressively restricted. After careful consideration and having due regard to the need to maintain adequate safeguards for the public, the Government propose to restrict further the circumstances in which juveniles may be remanded in custody.

The only juveniles who may now be remanded in custody are 15 and 16-year-old boys certified by the courts as being too unruly to be safely remanded to local authority care. The unruliness certification procedure is available for two categories of boys; those charged with or previously convicted of an offence of violence or charged with an offence carrying a penalty of at least 14 years imprisonment; and those remanded in care who have persistently absconded or been seriously disruptive. Under the Government's proposals, the procedure will still be available for 15 and 16-year-old boys but the categories will be narrowed. The first will he limited to boys charged with or previously convicted of an offence carrying a maximum penalty of life imprisonment, the second to those remanded in care who pose a substantial risk to themselves or others. Certain other changes to the procedure are also proposed. The changes will reduce the numbers of juveniles remanded in custody, while ensuring that the courts retain all necessary powers for the protection of the public. The details of the proposals are set out in a consultation paper published today.