Examining the impact of PACE on the detention and questioning of child suspects

Abstract

The criminal law is supposed to treat children, being those aged under 18 years, less harshly than it treats adults because of their developmental differences. Children also have particular legal rights due to their age, needs and circumstances. While the number of children arrested by the police has fallen by two-thirds over the past ten years, there were just under 53,000 people under 18 years old brought into police custody in England and Wales during the year ending March 2022. For children who come into conflict with the law, particularly those detained and questioned by the police, special protections are required to ensure that their legal rights are protected. In addition to legal safeguards under the Police and Criminal Evidence Act 1984 (PACE), children arrested and detained by the police have legal protections under the United Nations Convention on the Rights of the Child. Within the secure environment of police custody, however, children’s experiences are rarely heard, making them almost invisible during these early stages in the criminal process. This study, funded by the Nuffield Foundation, explores the impact of PACE on the detention and questioning of child suspects. For the first time in England and Wales, this included researchers engaging with child suspects about their legal rights while detained. Talking to children about their experiences in police custody provided researchers with greater insight into the processing of child suspects by the police.