Children in Custody

This is a request under the Freedom of Information Act.

I would be grateful if you would supply me with answers to the following questions:

How many children aged:

• 10 years old
• 11 years old
• 12 years old
• 13 years old
• 14 years old
• 15 years old
• 16 years old

have been held police cell custody in the Cheshire Police Force area in each of the past 5 years?

and

How many children have been held in police cell custody for:

• Less than 4 hours
• 4 to 8 hours
• 8 to 12 hours
• 12 to 16 hours
• 16 to 24 hours
• more than 24 hours

in the Cheshire Police Force area in each of the past 5 years?

In accordance with section 1 (1) (a) of the Act our response is provided below;

We are unable to provide this information as to do so would require a manual trawl of all Custody Records to establish how long children in custody and under what conditions they are detained. This it is estimated would exceed the appropriate limit. The appropriate limit is defined in the Data Protection and Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which is covered by statutory Instrument Number 3244 of 2004. Furthermore, Section 12 of the Freedom of Information Act 2000 allows a public authority to refuse to respond to a request for information where the cost of compliance would exceed the appropriate limit as defined by the above mentioned regulations.

However, please see the following Excel spreadsheet showing the number of children brought into custody whom have had their detention authorised:

Number of persons brought into custody whom have had their detention authorised

N.B This is NOT a count of the number of children who have been placed into police cells. In many cases minors are put into family rooms under constant observation by an officer. This is simply a count of the number of minors whom have been arrested, brought into custody and their detention has been authorised by a sergeant

In addition, you may also find the "Code of Practice for the Detention, Treatment and Questioning of persons by Police Officers" document.

The codes of Practice have statutory authority issued in pursuance of sections 60(1)(a) and 66(1)(a) to (d) of the Police and Criminal Evidence Act 1984, and The Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2008, which came into effect on 1 February 2008.

The part most relevant to you is paragraph 8.8:

A juvenile shall not be placed in a police cell unless no other secure accommodation is available and the custody officer considers it is not practicable to supervise them if they are not placed in a cell or that a cell provides more comfortable accommodation than other secure accommodation in the station. A juvenile may not be placed in a cell with a detained adult.