My Lords, both in Committee and on Report, there was agreement around the House that this amendment had a great deal to recommend it. It follows the tragic cases of three 17 year-olds who committed suicide following their encounters with the police, to which the noble Earl, Lord Listowel, has referred this afternoon. Their families are determined that no other parents should suffer such a loss, and want to see a change in the law so that 17 year-olds are treated as children. I pay particular tribute to the noble Earl for his continued commitment to improving the welfare of young people, and for helping to keep this important issue at the top of the Government’s agenda.
Despite recognising the merit of this amendment, the Government resisted it both in Committee and on Report as they were still reviewing all the remaining pieces of primary legislation which treat 17 year-olds as adults. That review was proactively launched following the High Court’s decision in the case of Hughes Cousins-Chang. That the review was launched is testament to the commitment of the Government to ensuring that young people are protected and treated appropriately while in police custody, ensuring that 17 year-olds have the protection to which they are entitled. My noble friend Lady Williams makes an important point about how 17 year-olds have changed in many ways.
Seventeen year-olds who come into contact with the police are afforded important safeguards by Section 11 of the Children Act 2004. This places the police under an obligation to make arrangements to safeguard and promote the welfare of children when exercising their functions, and means that the police have to make arrangements to safeguard and promote the welfare of 17 year-olds. Additionally, following the amendments to PACE codes of practice C and H as a result of the Hughes Cousins-Chang ruling, children aged under 18 have access to appropriate adults at the police station, whose function is to support them throughout interviews and during procedures such as the taking of fingerprints and samples. A parent or legal guardian must also be informed of their detention. Indeed, it is common for a parent to perform the role of appropriate adult for their child.
On Report, the noble Earl welcomed the news of the internal review. He directly asked the Government if something could be done in this area by Third Reading, although he caveated that by saying, effectively, that he realised that such a change would be unlikely. However I am pleased to inform the House that the Government have listened to his plea and the passionate collective voice of the families of loved ones who are tragically no longer with us. The Government have now concluded their review and have arrived at a very clear conclusion: the provisions in PACE that relate to the treatment of 17 year-olds should be amended as soon as possible so that they are treated as children.
I must point out that this is a very complex area and the Home Office review was very wide-ranging—more so than the amendment that has been tabled today. This means that the amendment only partially affects the change in relation to the treatment of 17 year-olds. However, in the limited time available, this amendment makes the most substantial change, that relating to the overnight detention of children charged and denied bail. The effect of the amendment would be that 17 year-olds, as with 12 to 16 year-old children, must be transferred to suitable local authority accommodation overnight in these circumstances. The amendment has the full backing of the police. The Home Office will work with forces to help them prepare for implementation.
The noble Lord, Lord Ponsonby, asked a question that is perhaps not entirely related to this amendment but he was kind enough to give the Government notice of it. As I understand it, it concerns those acquitted after a trial, whereas the focus of the amendment to which he referred is victims and witnesses. Indeed, a number of statutory protections within the criminal justice system are applicable only to victims and witnesses. The position with an acquitted defendant is that the court retains its inherent powers to order reporting restrictions in the case of defendants where that is necessary to ensure that the administration of justice would not be seriously affected. It has that right. Of course, up to the age of 18 defendants will continue to be subject to the youth reporting restrictions that apply automatically in the youth court and may be applied in other court proceedings. That is the position.
Returning to this amendment and in conclusion, this Government share all noble Lords’ desire to ensure that children are always treated appropriately, including where they are suspected of wrongdoing. If how we treat our prisoners is a measure of how civilised a society is, this must surely apply to how we treat our children when they are in trouble and at their most vulnerable. Therefore, I trust that I have noble Lords’ support in the Government’s decision to seize the opportunity afforded by the Bill and accept the noble Earl’s amendment.
3.45 pm