HC (A Child), Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 25 Apr 2013

The claimant sought to challenge the policy that a 17 year old under arrest was to be treated as an adult for interview purposes, even though at every other stage of a criminal investigation and prosecution, he would be treated as a child. He had been arrested, but, under the applicable Code of Practice had not been allowed to inform his parents of his whereabouts. The first respondent had declined to exercise her acknowledged discretion to amend the Code.
Held: The request for judicial review succeeded. There could be no question but that the treatment of 17 year-olds as adults when arrested and detained, under Code C, is inconsistent with the UNCRC and the views of the United Nations Committee of the Rights of the Child.
Moses LJ, Kenneth Parker J
[2013] EWHC 982 (Admin)
Police and Criminal Evidence Act 1984, Children and Young Person’s Act 1933 107(2), United Nations Declaration on the Rights of the Child 1959, Convention on the Rights of the Child 1989
CitedRegina v G and R HL 16-Oct-2003
The defendants, young boys, had set fire to paper and thrown the lit papers into a wheelie bin, expecting the fire to go out. In fact substantial damage was caused. The House was asked whether a conviction was proper under the section where the . .

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Updated: 02 May 2021; Ref: scu.472970