Over 1,200 under 18s held in Devon & Cornwall police cells overnight in a year

People aged 10-17 have been held in police cells

More than 1,200 children have been held overnight in Devon and Cornwall police cells in a year, according to exclusive figures.

A total of 1,220 youngsters aged between 10 and 17 were detained overnight in the year to the end of July, data from the county’s police service requested by the Local Democracy Reporting Service shows.

It is not against the law to keep children overnight. However, officers must have justifiable reasons under the Police and Criminal Evidence Act 1984, known as PACE.

A Devon and Cornwall Police spokesperson said when a child is presented to a custody sergeant, the need for arrest must be satisfied or detention would be refused.

“The culture generally is to avoid, where possible, bringing an under-18 into custody and other options such as voluntary attendance [including at a police station for a pre-booked interview] will be considered,” the spokesperson said.

“However, there are numerous reasons why coming into custody is a necessity.

“For example, offences of serious violence or of a sexual nature, to allow investigation into the various offences, to speak to witnesses, prevent loss or destruction of evidence, obtain samples, as well as safeguarding the person where they may be a risk to themselves as well as others.”

Devon and Cornwall Police analysis in May 2022 showed that in a three-month period, three in four under 18s arrested (76 per cent) were not kept overnight.

Of the remaining quarter, 74 per cent were arrested between midnight and 6am.

The figures come as the Devon Youth Justice Service (DYJS), a partnership between Devon County Council, Devon and Cornwall Police, NHS Devon and the probation service, is seeking to re-establish an overnight detentions’ review process.

A DYJS report, outlining its strategic plan for 2024/25, said there is “no current review panel to review and monitor children held overnight in the cells under the Police and Criminal Evidence Act (PACE).”

It noted that a new police IT system had been a factor, notably access to data. It said this had “now been resolved” but that there was a “backlog of issues to address, which are prioritised and requests such as data for overnight holds of children in police custody continue to be delayed”.

The report acknowledged that “inappropriate use of overnight holds does not appear to be a significant issue for Devon”, but noted problems accessing police data meant “there is no formal process for review and monitoring”.

There is an impetus on the police to transfer a children who have been charged to local accommodation, usually overseen by the council, rather than keep them in cells overnight.

But this can be overridden if it is impractical, such as being too far away to allow the detainee to attend court the next day – or accommodation not being secure enough, possibly if the allegation is of a serious nature or the child is believed to be at risk of harming themselves or others.

A Devon County Council spokesperson said the authority and the police had agreed to reform a panel earlier this year as a “more formal and accountable mechanism for reviewing overnight holds”

“It was to make sure that young people were not being held overnight in police custody unnecessarily or inappropriately to their needs,” the spokesperson said.

“The panel, which will convene this autumn, will include professionals from Devon County Council, Plymouth City and Torbay councils, and Devon and Cornwall Police, and will be the reviewing panel for the wider Devon area.”

An interim measure currently in place sees two council managers review overnight hold requests from the police.

Devon and Cornwall Police said its role in the panel would be to work with partners to explore general issues of under-18s in custody.

“We will look at trends and see if there are any patterns, we will also review any specific cases if requested,” the force said.

“This will be a multi-agency panel and will form an effective two-way communication between police and council representatives, all with the view of quality assuring time in custody, necessity and any other issues the meetings may discuss.”

Even if there is sufficient evidence that charges could be made, a decision can be taken to refer the child to an Out of Court Panel, rather than send the charge to a youth court.

Under this route, a plan is created to help the child to avoid behaviour that could lead to a formal conviction.

“The Out of Court Panel result could be a community resolution, a youth caution, a youth conditional caution, or an outcome 22, which is a non-crime disposal, where the behaviour is dealt with without a crime being recorded, but with intervention offered,” the Devon County Council spokesperson added.

Nevertheless, police say it would “not be possible to eradicate” keeping children in custody overnight in all cases.