Embedding Child First approaches in police custody in England and Wales: Challenges and Opportunities

• In Event: Tensions and contradictions in modern juvenile justice: participation, child rights and institutional responses

Abstract

Child First is the guiding principle for the youth justice sector. It requires children to be treated as children, and in a way that promotes their pro-social identify, enables their effective participation and diverts them from stigmatising criminal justice processes wherever possible. Whilst Child First approaches are now shaping the work of youth justice services, they are much less well-embedded in policing practice, particularly in the police custody suite. Previous research has identified police detention as an adult and largely unadjusted process, in which adversarial and punitive approaches to children are commonly observed (Bevan 2024, Kemp and others 2023).
This paper draws on emerging findings from empirical research conducted in three police forces in England and Wales. In each area researchers worked with forces piloting Child First measures at the point of arrest and in police custody. The analysis draws on observations and semi-structured interviews with police officers (frontline, investigators and police custody teams), lawyers, appropriate adults and child suspects themselves, as well as with representatives from partner agencies, including Liaison and Diversion, youth justice services and local authorities. The qualitative work is supported by quantitative analysis of custody record data from a number of forces. We discuss the challenges identified in implementing and embedding Child First approaches, in particular cultural issues, political tensions, and logistical and legal constraints. Reflecting on the evaluation of a range of measures across different forces, we conclude by identifying viable options for reform to embed Child First in the pre-charge phase.

References:
Bevan, M, Children in Police Custody: Adversity and adversariality behind closed doors (OUP 2024)
Kemp, V, Carr, N, Kent, H, Farrell, S, Examining the Impact of PACE on the detention and questioning of child suspects (Nuffield Foundation 2023)

Authors

• Vicky Kemp, University of Nottingham

• Miranda Bevan, King's College, London