Police and Criminal Evidence Act (PACE) 1984

Practice Guidance for accommodating a young person under PACE

Version April 2020

Introduction

The purpose of this practice guidance is to advise staff of the processes involved in the securing and provision of accommodation for young people under the terms of the Police and Criminal Evidence Act (PACE) 1984.

When a local authority receives a request from the Police to accommodate a YP the Local Authority has an absolute duty, under The Children Act 1989, to provide this. The type of accommodation is however a matter for the Local Authority, and specific criteria would have to be met should the Police seek Secure Accommodation. The transfer of young people into Local Authority care from Police custody is underpinned by the following pieces of legislation:

i. Under section 21(2)(b) of the Children Act 1989 every Local Authority must provide accommodation for young people whom they are requested to receive under section 38(6) of the Police and Criminal Evidence Act 1984. The Act places an absolute duty on the Local Authority to provide accommodation where it is sought by the Police.

ii. Under section 38(6) of the Police and Criminal Evidence Act 1984 (which deals with the detention of arrested ‘juveniles’) a young person must be transferred to Local Authority Accommodation unless the Custody Officer certifies that either:-

a) That, by reason of such circumstances as are specified in the certificate, it is impracticable for him to do so; or

b) In the case of an arrested juvenile who has attained the [age of 12 years]. That no secure accommodation is available and that keeping him in other local authority accommodation would not be adequate to protect the public from serious harm from him.

The law already recognises that police cells are not a suitable place for YPs. The Police and Criminal Evidence Act 1984 requires that YPs who have been charged and require detention be transferred to more appropriate Local Authority accommodation, with a related duty in the Children Act 1989 for Local Authorities to accept these transfers. Section 11 of the Children Act 2004 requires both police and Local Authorities to have regard to the welfare and protection of YPs welfare of YPs, and in 1991 the UK ratified the UN Convention on the Rights of the YP, agreeing that custody be used “only as a measure of last resort and for the shortest appropriate period of time”.

The processes involved in the request for a PACE bed and the provision of this are detailed in the 2 flow charts attached to this guidance.

Police responsibilities under PACE

As detailed above the Police have the power to detain anyone under arrest for up to 24 hours while an offence is investigated. By the end of this period the Police must release or charge the detained person, the suspect can also be released under investigation to return to the Police station at a future date.

In this event the Police may ask the Local Authority to assist where they are prepared to release the young person, but there is nowhere suitable or safe for the YP to return to (for example, a YP who has assaulted a parent, who cannot then return to that parent’s care).

In requesting accommodation under PACE the Police Officer will:

During office hours 08.30-17.30 contact the Local Authority Children’s Services Duty Team Outside of Office hours 17.30-08.30 contact the Emergency Duty Team

Local Authority responsibilities under PACE

As detailed above the local authority have a duty under the Children Act 1989 to accommodate a young person where they receive this request from the Police. This request should be made to the Children’s Services Duty Team or the Emergency Duty Team outside of core office hours.

On receipt of this request the Social Worker must:

Ascertain if the Police are requesting a secure accommodation Confirm that the child poses an imminent risk of harm to themselves or the public If yes to the above the social worker must seek to obtain a secure placement for the young

person If no to the above the social worker must seek to secure appropriate accommodation or

query as to why bail/release under investigation has not been offered Contact commissioning team for discussion about placement availability Where accommodation is to be provided co-ordinate with the Police custody staff to ensure

that the child is transferred to the identified accommodation. Record all actions in to LCS

Where the local authority cannot provide suitable accommodation for the young person the police will have no alternative but to retain the young person in custody until the young person is to appear in court or when the local authority accommodation can be provided. The local authority may incur a recharge from the police for any costs incurred.

Police process for children in custodyUnder section 38(6) of the Police and Criminal Evidence Act 1984

Are there grounds for refusing bail?

Release on conditional bail

Is the young person under 12 years of age?

Could bail concerns be allayed by conditions?

Release on unconditional bail

Are there exceptional circumstances, which render the transport of the child impracticable?*

Young person charged with offence

Contact the LA and inform it that the young person must be moved and accommodated**

LA does not comply

Contact senior officer immediately

Does the young person pose an imminent risk of serious harm to the

public?

NO

YES

YES

NO

NO

YES

YES

Can the LA provide Secure accommodation (or any other

form of accommodation which would be appropriate)?

LA complies and young person is moved

NO

YESNO

NO

Retain young person in custody and transfer to LA as

soon as is practicable

Recover costs from LA*Circumstances which would render transfer impracticable do not include the availability of LA accommodation, the nature of accommodation offered by the LA, the child’s behaviour, nature of offence, or the availability of transport.**Custody officers should ensure the LA is provided with all relevant information about the child and the offence for which they are charged, including reasons for the denial of bail.

Local Authority process for transfer of children from police custodyunder section 21(2)(b) of the Children Act 1989

Police Custody Officer requests LA accommodation for charged young person

Query why the right to bail, including conditional bail, has been denied. Challenge

decisions if unconvinced but ultimately accept custody officer’s decision

Request all relevant information from the custody officer regarding the young

person, their circumstances and their offence

Is the custody officer requesting secure accommodation?

The type of accommodation

required is for the LA to determine,

bearing the custody officer’s

views in mind

Can the young person be accommodated by an

1) Family members?2) Foster Carers?

3) Children’s home?Or any other form of LA accommodation?

Can the young person be accommodated in any of these forms of accommodation in another LA

area?

Is there an available secure

bed within a reasonable

travelling distance?

Coordinate with the custody officer to ensure the young

person is transferred to the

identified accommodation as

soon as possible

Confirm: does the custody officer

believe the young person poses an imminent risk of

serious harm to the public?

Does the LA have access to any other accommodation, which the custody officer

agree could meet the needs of this young

person?

Given the lack of any alternative, the police will have no option but to retain the young person in custody until Local Authority accommodation becomes available. The Local Authority can be invoiced for the police’s

expense

*A reasonable travelling distance would be one, which allows the child to be transferred without preventing them having a sensible amount of sleep in advance of their court appearance.

YES

YES

YES YESNO

NO

NO

YES

NO

NO

YES

NO

Note: the law does not recognize the legitimacy

of a situation where a LA fails to provide non-secure accommodation. Failing to do so means

that both the police and the LA have failed in

fulfilling their statutory obligations