Detention of 17-year-olds challenged

Children’s charity, Just For Kids Law, this week challenged the way 17-year-olds are treated when detained by the police in England and Wales

According to the charity, every year 75,000 17-year-olds are held in police custody, with most being denied access to an independent adult who could guide them through the often bewildering and traumatic legal process. Due to a legal anomaly, 17-year-olds in police detention are treated as adults not children.

In a High Court challenge this week the charity argued that this practice flies in the face of both international and British law. The challenge highlights the case of a 17-year-old who was held in a London police station for 12 hours overnight on suspicion of robbery. The boy, with no previous convictions, was not allowed to ring his mother to explain where he was or ask her to come to the police station. Nor was he offered the services of an independent adult- known as an Appropriate Adult. The boy was released without charge. His family had been terrified about why he had apparently disappeared for several hours.

According to current law in England and Wales, it is at the police's discretion whether they offer 17-year-olds the support of a family member or an Appropriate Adult. A system of Appropriate Adults has been established by Youth Offending Services and voluntary agencies to provide independent adult support for children under 16 who have no family member who can be there. However the Police and Criminal Evidence Act of 1984 classes a 17-year-old as an adult and does not make this provision.

“17-year-olds are routinely treated as adults when dealing with the police, with detrimental consequences for the children,” said Just for Kids Law Director, Shauneen Lambe. “Just for Kids Law believes that all children should be entitled to the same protection in the law.”

According to the BBC, the Home Office commented that "the current law ensured the appropriate level of care for everyone including 17-year-olds."