Report of the HRD on the activities of the National Preventive Mechanism in Poland in 2011 juveniles are protected against torture or other cruel, inhuman or degrading treatment or punishment, has continued its visits in ECCs, evaluating the treatment of juveniles by the staff, the legality of their stay, and the accommodation conditions. Figure 4. Visits of the National Preventive Mechanism in emergency centres for children in 2008-2011 2008; 4; 17% 2011; 10; 44% 2009; 5; 22% 2010; 4; 17% a) Legality and duration of stay Pursuant to Article 40(1) of the Act on juvenile delinquency proceedings, the Police is authorised to arrest and subsequently detain a juvenile in emergency centre for children if it considers it necessary due to the circumstances of the case. Such decision is made when there exists a that a reasonable suspicion that a juvenile has committed a crime and there exists a justified concern that the juvenile may hide or attempt to obliterate traces of the offence, or when it is impossible to establish the identity of a juvenile. Article 40(6)(4) j.d.c. stipulates that the stay of a juvenile in an ECC cannot exceed 72 hours. On 1 January 2012, the Act of 9 June 2011120 on granting support to family and on the system of alternative kinship entered into force. Article 205 of this Act amended the Act on juvenile delinquency proceedings. Pursuant to Article 40(7) “A Police emergency centre can detain a juvenile who escaped from a juvenile centre, a youth care centre or a juvenile detention centre – for a period of time required to transfer the juvenile back to a relevant establishment, not exceeding, however, 5 days”. On the other hand, pursuant to Article 40a(1) of the Act of 29 July 2011 amending the Act on juvenile delinquency proceedings121, a juvenile may be also placed in an ECC for a period of a justified stop during his or her convoy, however for no longer than for 24 hours (point 1), and based on a court order – for the period of time required to carry out the proceedings, not exceeding, however, 48 hours (point 2). The length and legality of stay of juveniles falls within the area of NPM’s interest. During each visit in Police  Dz.U. of 2011 No 149, item 887.  Dz.U. of 2011 No 191, item 1134. 120 121 68