Children, Young People and Requests for Police Station Legal Advice: 25 years on from PACE

Abstract

Informed by data extracted from 30,921 police electronic custody records, drawn from 44 police stations across four police force areas and including 5,153 records of juveniles aged 10 to 17 years, this article examines the take-up of legal advice by children and young people in police stations in England and Wales. There are wide variations in the extent to which juveniles request and receive legal advice when compared to adults but also between juveniles of different ages. Such variations are explored both in relation to the age of detainees and the type and seriousness of offence and case disposal. Also examined are variations based on different police force areas. The implications emanating from children's differential access to legal advice at police stations are considered in relation to children's rights.

‘Vulnerable by law (but not by nature)’: examining perceptions of youth and childhood ‘vulnerability’ in the context of police custody

“…33 This provides further support to the contention that children and young people are perhaps more vulnerable to being criminalised when compared with adults. Young suspects are also less likely to request legal advice (see Kemp, Pleasance & Balmer 2011), thus potentially further exacerbating their vulnerability. However, more recent developments paint a perhaps more optimistic picture with the abandonment of policies founded on targets and a move towards greater diversion of children and young people out of the formal system (see Bateman 2015): 'the indicator that replaced [the 'offences brought to justice' target] had a converse impetus, encouraging the police to respond in an informal manner to children who had had no previous contact with the youth justice system' (Bateman 2015, p.11).…”

What Happens in the Beginning, Matters in the End: Achieving Best Evidence with Child Suspects in the Police Station

“…First, often a child and/or an appropriate adult consents to an interview without a solicitor present (Kemp et al, 2011; Pierpoint, 2011; Taylor, 2016). PACE 1984 allows for situations when a detainee can be questioned without a solicitor present and although there are wide variations in the request rates for legal advice by children (Kemp et al, 2011), suspects aged 10–13 are less likely to seek legal advice (Pleasence et al, 2011). Charlie Taylor recommended that there should be a presumption that a solicitor attends and there is training provided to them on how to work with young clients.…”

Realising the Right of the Child to Participate in the Criminal Process

“…This is a particular issue given the potential complexity of the role the appropriate adult may be required to play (Parry, 2006). It has been suggested, however, that relatives of the young person may not always be suitable to act as an appropriate adult (Kemp et al, 2011: 38) and therefore deeper consideration of what the role entails in practice is needed. It has been noted in the United Kingdom that ensuring access to appropriate adults can have an impact on requests for legal representation (Kemp et al, 2011: 37) and therefore may have a significant impact on the way in which children’s rights are realised.…”