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Children in Detention
Custodial Sentence
The CDA introduced the detention and training order for young people between the ages of 12 and 17 years. The sentence is intended to be divided between a custodial stage and a training stage. It is available for 15 to 17 year olds if they are convicted of an offence which is so serious that only custody is appropriate and they are persistent offenders, or for 12 to 14 year olds who are convicted of a serious offence and the court is of the view that custody is appropriate and again they are persistent offenders. It can also be available for 11 to 12 year olds if made available by the Home Secretary where the child is found to be a persistent offender and custody is deemed necessary to protect the public. The training half of the sentence is supervised and it is intended to provide skills aimed at rehabilitation. This sentence can be made for 24 months provided that it does not exceed the adult sentence available for the offence.
Detention at Her Majesty’s Pleasure
Young offenders convicted under the age of 18 of murder may be detained at Her Majesty’s pleasure which is indefinite detention firstly in social services secure accommodation transferring at 18 to a young offender institution and at 21 to prison. The length of detention is however set by the Lord Chief Justice and it is for the Parole Board to determine whether the young person should be released.
Detention under section 53 of the Children and Young Person Act 1933
Young offenders under the age of 18 convicted of grave crimes which would attract a period of imprisonment of 14 years or more if committed by an adult may be convicted to a period of detention for periods in excess of 24 months provided that the sentence does not exceed the maximum term which would be imposed if an adult committed the offence. The court should determine the appropriate sentence for rehabilitation and deterrence and for young people this is normally one half of the sentence before referral is made to the parole board. Young people are referred to the Parole Board for a determination as to whether it is safe to release the young person on licence once the tariff period has expired.
Conditions of Detention
The UK government ratified the UNCRC with a reservation in relation to Article 37 (that wherever it is necessary for children to be detained, they should be held separately from adults). While progress in this area has been made, the UK retains this reservation and increasing prison numbers may mean that children are again detained in adult facilities.
In 2006 the Carlile Inquiry reported on the routine use of strip-searching, restraint and segregation against children in custody. The report called for greater safeguards for children in custody and stated that may of the practices would be regarded as child absue in any other setting. In particular, the use of painful ‘distraction’ techniques may raise issues under Articles 3 and 8 of the ECHR.
In a recent decision (2007) the High Court has confirmed the existence of a duty on Social Services departments to assess the needs of detained children where there is a real prospect of their release from detention.
See also THE RIGHTS OF PRISONERS
The CDA introduced the detention and training order for young people between the ages of 12 and 17 years. The sentence is intended to be divided between a custodial stage and a training stage. It is available for 15 to 17 year olds if they are convicted of an offence which is so serious that only custody is appropriate and they are persistent offenders, or for 12 to 14 year olds who are convicted of a serious offence and the court is of the view that custody is appropriate and again they are persistent offenders. It can also be available for 11 to 12 year olds if made available by the Home Secretary where the child is found to be a persistent offender and custody is deemed necessary to protect the public. The training half of the sentence is supervised and it is intended to provide skills aimed at rehabilitation. This sentence can be made for 24 months provided that it does not exceed the adult sentence available for the offence.
Detention at Her Majesty’s Pleasure
Young offenders convicted under the age of 18 of murder may be detained at Her Majesty’s pleasure which is indefinite detention firstly in social services secure accommodation transferring at 18 to a young offender institution and at 21 to prison. The length of detention is however set by the Lord Chief Justice and it is for the Parole Board to determine whether the young person should be released.
Detention under section 53 of the Children and Young Person Act 1933
Young offenders under the age of 18 convicted of grave crimes which would attract a period of imprisonment of 14 years or more if committed by an adult may be convicted to a period of detention for periods in excess of 24 months provided that the sentence does not exceed the maximum term which would be imposed if an adult committed the offence. The court should determine the appropriate sentence for rehabilitation and deterrence and for young people this is normally one half of the sentence before referral is made to the parole board. Young people are referred to the Parole Board for a determination as to whether it is safe to release the young person on licence once the tariff period has expired.
Conditions of Detention
The UK government ratified the UNCRC with a reservation in relation to Article 37 (that wherever it is necessary for children to be detained, they should be held separately from adults). While progress in this area has been made, the UK retains this reservation and increasing prison numbers may mean that children are again detained in adult facilities.
In 2006 the Carlile Inquiry reported on the routine use of strip-searching, restraint and segregation against children in custody. The report called for greater safeguards for children in custody and stated that may of the practices would be regarded as child absue in any other setting. In particular, the use of painful ‘distraction’ techniques may raise issues under Articles 3 and 8 of the ECHR.
In a recent decision (2007) the High Court has confirmed the existence of a duty on Social Services departments to assess the needs of detained children where there is a real prospect of their release from detention.
See also THE RIGHTS OF PRISONERS
