A custody officer had a duty where he authorises an arrested juvenile to be kept in police detention under subsection (1), that he should ‘unless he certifies that it is impracticable to do so, make arrangements for the arrested person to be taken into the care of a local authority and detained by the authority…’ The court considered how that duty could be met.
Held: Watkins LJ: ‘There are, obviously, sound reasons why such detention of a juvenile should, if possible, be avoided.’ and ‘In our judgment, the wording of section 38(6) is clear. The custody officer who has made the decision to detain the juvenile must do everything practicable to see that the place of detention for that juvenile is in local authority accommodation and not at the police station. This is so whether or not the juvenile in question was previously in the care of the local authority. The local authority is equally obliged to do what it can to provide accommodation which will enable the juvenile to be accommodated outside to police station.’
Watkins LJ
[1991] 2 QB 499
Police and Criminal Evidenec Act 1984 38(6)
England and Wales
Police
Updated: 09 November 2021; Ref: scu.241329
