Risk assessment...children(juveniles)

Dear Mr Bell

FREEDOM OF INFORMATION ACT 2000

Thank you for your request for information.

Your request is being considered and we will endeavour to provide a response within the statutory timescale of 20 working days, as defined by the Act, subject to the application of any statutory exemptions. Where consideration is being given to the application of any exemptions the 20 working day timescale may be extended under the terms of the Act to a period considered reasonable depending on the nature and circumstances of your request. In such cases you will be notified and, where possible, a revised time-scale will be indicated. In all cases we shall attempt to deal with your request at the earliest opportunity.

There may be a fee payable for the retrieval, collation and provision of the information requested, where the request exceeds the statutory limit. In such cases you will be informed in writing and the 20 working day timescale will be suspended until we receive payment from you or your request is modified and /or reduced. If you chose not to make full payment or modify your request then the request will remain unanswered.

Your request may require either full or partial transfer to another public authority. You will be informed if your request is transferred.

Yours sincerely

Freedom of Information Unit
Information Services
Tel: 0345 113 5000

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999. For all other enquiries (or for callers outside the West Midlands), dial 0345 113 5000

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Dear Mr Bell

FREEDOM OF INFORMATION ACT 2000

With reference to your recent request for information, I apologise that the force has not yet provided a response.

An increase in the volume of requests and staff abstractions within the department has, unfortunately, caused a delay with some requests. The force is currently experiencing a significant back log.

However, the force will endeavour to reply as soon as possible.

If you are dissatisfied with the way West Midlands Police has handled your request, you are entitled to pursue the matter with the Information Commissioners Office at www.ico.gov.uk or in writing to:

The Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Thank you

Susan Brown
Freedom of Information Unit
Information Services
Tel: 0345 113 5000
ext: 7630 6110

Working hours 7:30am to 3:30pm Monday to Thursday

To report crime and anti-social behaviour which does not require an emergency response please call 101. In an emergency call 999. For all other enquiries (or for callers outside the West Midlands), dial 0345 113 5000

Website: www.west-midlands.police.uk
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Our vision: Serving our communities, protecting them from harm

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Dear Mr Bell

 

FREEDOM OF INFORMATION ACT 2000

 

Thank you for your requests for information received 24 and 27 May 2013. I
apologise for the delay in providing these responses.

 

REQUEST 1 (ref: 3773/13)

 

     This request relates to the application of Code C Police and

     Criminal Evidence Act in relation to detained juveniles, namely,

     those who are charged under section 37 and detained under section

     38 with an appearance required before the next available court(and

     there was no issue concerning a breach of bail previously granted

     or an outstanding warrant), and will probably require an

     examination of custody records which given the financial limits of

     the FOI legislation I have calculated at £22.50 per custody record

     search. Identifying the sample group could be done in a number of

     ways: records of those transporting detainees to court, records of

     those responsible for court cells, records held by the CPS or the

     court itself.

     Please collate the following information concerning the last twenty

     juveniles(or such lesser number if my cost calculation is not

     correct) arrested and detained at Birminham west and central Police

     Station. I have indicated the paragraph of the Code or Notes for

     Guidance which applies. Where specific information is requested and

     cannot be retrieved please record “Not recorded” or “Not

     applicable”.

     1. As required by Para 1.3 Who attended as appropriate adult:

     i. the parent not being a step parent or a civil partner,

     ii. a step parent or a civil partner;

     (Group A)

    

     iii. if in local authority care a representative of the care

     authority;

     iv. a social worker

     v. some other person who was a member of the Youth Offending Team

     (YOT) including a volunteer managed by them;

     (Group B)

    

     vi. A representative of a local voluntary organization;

     vii. A representative of a privately contracted organisation;

     viii. Some other person.

     ix. (Group C)

    

     2. Broken down by Groups A, B, and C :

     i. What was the average length of time between requesting an

     appropriate adult and their arrival at the police station?

     ii. Was a solicitor requested by:

     a. The detained juvenile?

     b. The appropriate adult?

     c. No solicitor requested?

    

     3. How many juveniles were subject to statutory responsibility

     falling within 3.14?

     4. In how many cases did the custody officer:

     a.Identify and alert the responsible officer?

     b. Notify the YOT generally:

     c. Did nothing.

     Where a. or b. applies what length of time elapsed between initial

     authorization of detention and notification to the responsible

     officer/YOT:

     Less than one hour; two – four hours; at least four hours; not

     possible because the YOT was not available out of hours.

    

     5. Distinguishing between Groups A,B and C above, in how many cases

     was the appropriate adult when the juvenile was charged; no

     appropriate adult charged; or the appropriate adult having left the

     police station returned at a later time.

    

     Broken down by the three groups what was the average time between

     detention being initially authorized and charging taking place?

    

     6. Where a custody officer refuses bail please advise which

     criteria were used to justify doing so:

     (i)his name or address cannot be ascertained or the custody officer

     has reasonable grounds for doubting whether a name or address

     furnished by him as his name or address is his real name or

     address;

     [ (ii)the custody officer has reasonable grounds for believing that

     the person arrested will fail to appear in court to answer to bail;

     (iii)in the case of a person arrested for an imprisonable offence,

     the custody officer has reasonable grounds for believing that the

     detention of the person arrested is necessary to prevent him from

     committing an offence;

     [ (iiia)in a case where a sample may be taken from the person under

     section 63B below, the custody officer has reasonable grounds for

     believing that the detention of the person is necessary to enable

     the sample to be taken from him;]

     (iv)in the case of a person arrested for an offence which is not an

     imprisonable offence, the custody officer has reasonable grounds

     for believing that the detention of the person arrested is

     necessary to prevent him from causing physical injury to any other

     person or from causing loss of or damage to property;

     (v)the custody officer has reasonable grounds for believing that

     the detention of the person arrested is necessary to prevent him

     from interfering with the administration of justice or with the

     investigation of offences or of a particular offence; or

     (vi)the custody officer has reasonable grounds for believing that

     the detention of the person arrested is necessary for his own

     protection;

     (b)if he is an arrested juvenile—

     (i)any of the requirements of paragraph (a) above is satisfied but,

     in the case of paragraph (a)(iiia) above, only if the arrested

     juvenile has attained the minimum age); or

     (ii)the custody officer has reasonable grounds for believing that

     he ought to be detained in his own interests.

    

     Please indicate the combination of grounds recorded where more than

     one ground is cited.

    

     7. Section 38 places a mandatory duty upon the custody officer to

     secure that the arrested juvenile is moved to local authority

     accommodation.

    

     On how many occasions within the sample did the custody officer:

    

     a. Contact the local authority YOT or Out of Hours Service

     b. Attempted himself to identify suitable accommodation

     c. The information is not recorded.

    

     8. In how many cases did the custody officer specify that he or she

     required:

     a. Local authority accommodation

     b.“secure accommodation”?

     c. where secure accommodation was requested in how many cases was

     the juvenile charged with a violent or sexual offence as defined

     within the Act?

    

     9. In the case of a. and b. above how many transfers to local

     authority accommodation were arranged?

     10. In the case of a. and b. above, in relation to cases where no

     transfer was made, please categorise the reasons recorded in the

     certificate of juvenile detention why it was impracticable or

     otherwise not possible to arrange the transfer of the juvenile from

     the police station.

     11. In respect of all cases within the sample was a copy of the

     custody record requested by:

     a. a legal representative

     b. the appropriate adult?

 

Request 2 (ref: 3779/13)

 

     I am currently undertaking some research on section 38 Police and

     Criminal Evidence Act.

     

     Section 38(6) states "any reference, in relation to an arrested

     juvenile charged with a violent or sexual offence, to protecting

     the public from serious harm from him shall be construed as a

     reference to protecting members of the public from death or serious

     personal injury, whether physical or psychological, occasioned by

     further such offences committed by him."

    

     This criterion flows from the criteria to impose a custodial

     sentence and is reflected in the statutory criteria that apply

     before a young person can be remanded to secure detention.

    

     1. What policy, guidance, research, risk assessment tools, analysis

     of case law and precedent, instructions etc has your organisation

     developed in relation to the application of this criterion to those

     aged under 18 years in respect to legislation (not just section

     38)where it is applied in practice? Please provide copies thereof.

    

     2. Does your organisation consider that in addressing this

     criterion the assessment should be focused on the period to which

     it applies....for example the risk posed overnight in the case of a

     detained juvenile until court appearance next day or the period for

     which a court can remand a child to secure detention?

    

     3. In relation to section 38 and remands for those under 18, having

     considered bail as being inappropriate, in considering the

     application of the criterion are decision-makers entitled to

     justify it on the basis of the grounds why bail has been refused or

     is evidence over and above such grounds required to support the

     application of the criterion? If so what are they?

    

     4. Mental vulnerability is now widely recognised as an issue for

     many who come into conflict with the law. Does your guidance,

     policy etc advocate an assessment to be undertaken by a mental

     health or other professional(or even the General Practitioner or

     other medical practitioner with whom the individual is in contact)

     to inform a decision that falls due to be made in respect of the

     criterion?

 

These requests have been combined for the purposes of Section 12 of the
Freedom of Information Act.

 

The only way to locate and extract the requested information would be to
undertake a manual search of the particular custody files. Such a search
would exceed the appropriate limit (FOIA, s.12 (1)).

 

This means that the cost of compliance with your request is above the
amount to which we are legally required to respond, i.e. the cost of
locating and retrieving the information would exceed the appropriate costs
limit under section 12 of the Freedom of information Act 2000. For West
Midlands Police, the appropriate limit is set at £450, as prescribed by
the Freedom of Information and Data Protection (Appropriate Limit and
Fees) Regulations 2004, S.I. 3244. A public authority which, in relation
to any request for information, is relying on a claim that section 12 or
section 14 applies must, within the time for complying with Section 1(1),
give the applicant a notice stating that fact. In accordance with the
Freedom of Information Act 2000, this letter acts as a refusal notice.

 

Your attention is drawn to your right to request a re-examination of your
case under West Midlands Police review procedure, which can be found at:

 

http://www.west-midlands.police.uk/pdf/F...

 

Please note that such an appeal must be received within 40 working days of
the date of this correspondence.

 

If you require any further information, then please do not hesitate to
contact me.

 

Yours sincerely,

 

 

Carl Bird

Freedom of Information Unit

Information Services

Tel: 0345 113 5000

ext: 7630 6110

 

To report crime and anti-social behaviour which does not require an
emergency response please call 101. In an emergency call 999. For all
other enquiries (or for callers outside the West Midlands), dial 0345 113
5000

Website: [1]www.west-midlands.police.uk
Twitter: [2]www.twitter.com/wmpolice
Facebook: [3]www.facebook.com/westmidlandspolice
YouTube: [4]www.youtube.com/westmidlandspolice

Flickr: [5]www.flickr.com/westmidlandspolice

 

[6]View all our social network links

 

Our vision: Serving our communities, protecting them from harm

 

 

 

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