Section one Context
Children in detention
In September 2016, Sir James Munby,
President of the High Court Family Division
in England and Wales, called for legal clarity
in relation to English courts placing children
in secure units in Scotland.62 In January 2017,
the Scottish Parliament passed a legislative
consent motion63 inserting a clause into
the Children and Social Work Bill to allow
local authorities in England and Wales to
place children in Scotland, and vice versa. Sir
James Munby had noted a recent increase
in local authorities in the north of England
placing children in secure accommodation
in Scotland, due to a shortage of places,
and argued that such care orders could not
be legally enforced. The Children and Social
Work Act received Royal Assent in April 2017.
In February 2017, the Youth Custody
Improvement Board (YCIB) that had been
appointed in May 2016 published its report
looking at the current state of the youth
custodial estate in England and Wales, and
concluded that it shared the previouslyexpressed view of the Youth Justice Board
that the youth secure estate was ‘not fit for
the purpose of caring for or rehabilitating
children and young people’.64 The YCIB noted
that it found this analysis ‘astonishing’ given
that the Youth Justice Board (YJB) had been
in operation in over a decade, and raised the
question as to why the YJB and Ministry of
Justice (MoJ) had not been able to intervene
to remedy the situation. Following on from
this report, the Secretary of State for Justice
announced that she had appointed a new
Chair of the YJB and that the government
would create a new Youth Custody Service
‘as a distinct arm of HMPPS’. Responsibility
and accountability for commissioning youth
custody services, setting clear standards and
for intervening to address poor performance
would be transferred to the MoJ.65
Police custody
Full implementation of the Criminal Justice
(Scotland) Act 2016, which will introduce
significant changes relevant to detention,
was still pending (see seventh NPM annual
report).
By early 2017, Police Scotland had rolled
out a national custody IT system, replacing
the eight systems used by legacy forces. A
national system will facilitate the gathering
of consistent data about custody which
should provide Police Scotland with improved
data to use when planning and delivering its
custody service.
Guidance on the implementation of the
Police and Crime Act 2017 in England
and Wales was also pending. At the time
of writing it was not clear whether the
guidance would rule out the use of police
custody as a place of safety under Section
135/136 of the Mental Health Act.
62. In the Matter of X (A Child), In the Matter of Y (A Child), [2016] EWHC 2271 (Fam)., https://www.judiciary.gov.uk/
judgments/in-the-matter-of-x-a-child-and-in-the-matter-of-y-a-child/ [accessed 13/11/17].
63. A motion agreeing that Westminster may pass legislation on a devolved issue.
64. Alan Wood (Chair), Professor Dame Sue Bailey and Rob Butler, 2017, Findings and Recommendations of the Youth Custody
Improvement Board, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/594448/findingsand-recommendations-of-the-ycib.pdf [accessed 09/11/17].
65. See https://www.gov.uk/government/speeches/youth-justice-update [accessed 09/11/17].
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