Remands

The Youth Justice Service manager is responsible for the development of an integrated remand management strategy for their area.

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.

Appropriate adults

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

Detention

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.

Actions

Task	Responsible person	Record	Timescale
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