Police forces may be breaking the law if they detain under-18s in adult cells after charging them with an offence.
Once charged with an offence, anyone under 18 should be bailed to their home or transferred to local authority accommodation unless it is impracticable, or if the child needs secure accommodation and it is not available.
It is the duty of the arresting police force and the local authority to ensure under-18s are handled appropriately, but many children whose bail is refused are wrongly detained in police cells as custody staff fail to transfer them to local authority accommodation when required.
Police custody is brought to an end by the CPS and custody sergeants’ decisions about whether to charge the child. If there is insufficient evidence to charge at that time, a child can be bailed to return to the police station at a specified future date. Even if there is sufficient evidence to charge, a child can be released on police bail.
Generally, there is a presumption that a child will be bailed without conditions, however, the police may set conditions, such as to reside in a certain place or avoid certain places or people.
If a child is released on police bail, an appropriate adult must be available to look after them, as the police’s duty of care extends to the period after release from custody.
Once a decision has been taken to release a child the police have no power to detain them and must release them when an appropriate adult comes to collect them. Being held in adult cells is not appropriate, or legal.