A comprehensive remand management strategy must encompass the following:
- provision of appropriate adults;
- facilities to accommodate young people under S16(B) of the Police Powers and Criminal Evidence Act (PPACE) 2003;
- bail information;
- bail supervision and support;
- liaison with HSSD regarding appropriate accommodation; and
- mechanisms for reviewing young people remanded in custody or securely remanded.
- Whilst many young people are arrested, many do not proceed any further through the system. It is essential that proper processes are followed.
When a child or young person below the age of 17 is arrested, a parent, other relative or carer should always be present at the police interview unless there are exceptional circumstances which prevent this or render it inappropriate. Where such circumstances exist the Youth Justice Service must provide an appropriate adult service to the police and customs. Appropriate adult services may be provided directly by the Youth Justice Service, or by accredited Youth Justice Service volunteers.
Where the service is provided by volunteers, the Youth Justice Service manager must ensure that they receive appropriate training, guidance and support, and that they have been police checked.
An appropriate adult service must be provided within two hours of the initial request from the police if required. The police should take all reasonable steps to secure the parent(s)/carer(s) attendance before requesting an appropriate adult service. The reasons the parent(s) or carer(s) were not available will be explained to the Youth Justice Service or duty worker on the request for an appropriate adult, who will note them along with the referral.
The Youth Justice Service must ensure that the appropriate adult service meets the requirements of PPACE 2003 and that the PPACE codes of practice are followed.
Provision of information
The Youth Justice Service must produce written information for the parent(s)/carer(s) of young people arrested by the police that offers advice about legal representation and information about their parental responsibilities in those circumstances. This information should always be readily available at police stations.
When a young person has been charged, and if his/her parent(s) or carer(s) were not present at the interview with the police, the Youth Justice Service must try to contact them within one working day and inform them, taking into account any child protection concerns, of the outcome of the proceedings in writing.
Following charge and bail and before leaving the police station, the police must give the young person verbal and written information on what will happen next.
The Youth Justice Service must ensure that appropriate information in leaflet form is available in police stations for young people and their parent(s)/carer(s), including, as a minimum:
- how to obtain legal advice;
- services available through the Youth Justice Service;
- location of the court, and serious consequences for breaching bail and/or not attending
When it is necessary to detain a child or young person overnight in accordance with Section 13, The Criminal Justice (Children and Juvenile Court Reform) (Bailiwick of Guernsey) Law, 2008; PPACE section the police must consider transferring the child or young person to HSSD accommodation in line with the PPACE codes of practice.
Refusal of bail
Where there is a risk that bail may be refused Youth Justice Services must assess young people on their first appearance and provide the court with verified factual information about the availability of an appropriate bail address and any other relevant circumstances.
|The Police or Customs to advise the YJS if any young people have been detained overnight for court||N/A||As appropriate|
|Check whether the young person is known to YJS and to seek information regarding the allegation||Court duty officer||Electronic Record||Immediately|
|Interview the young person to conduct a bail ASSET||Court duty officer||Bail ASSET/ Electronic Record||Within 1 hour|
|Liaise with other agencies, family, accommodation providers as appropriate||Court duty officer||Electronic Record||Immediately|
|Verify information gathered||Court duty officer||Electronic Record||Immediately|
|Liaise with Police or Prosecution to discuss objections to bail and reasons||Court duty officer||Electronic Record||Immediately|
|Identify appropriate programme for bail supervision according to risk and need||YJS Officer||ASSET/intervention programme||Immediately|
|Seek agreement with Prosecution where possible for supervised bail||Court duty officer||Electronic Record||Immediately|
|If bail is refused determine most appropriate remand status e.g. Remand to Remand to care of HSSD; Remand to HSSD Secure Accommodation; remand to Les Nicolles||Court duty officer||ASSET||Immediately|
|Provide information to secure facility and liaise with court security||Court duty officer||Immediately|
|Arrange planning meeting||Court duty officer||Electronic Records /Minutes of the remand||Within 5 working days|
|Assess suitability for supervised bail or remand to HSSD accommodation||Court duty officer||Electronic Records||At subsequent court appearance|
- Child protection
- Youth Offending
- Children with Disabilities