How to manage bail and remands

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Youth Justice Board For England Wales

October 12

08:00 2022

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Bail and remand processes start in the police station when a child is arrested. Following interview, the police will decide how to dispose of the case, which includes:

taking no further action
releasing under investigation
referring the child for an out-of-court disposal
bailing, or detaining them for the next available court
charge

Bail and remand services in court should:

identify children who could be released on bail with support (if other bail options and conditions are not appropriate)
support children who are released on bail, or who are remanded prior to sentencing

This can be a very stressful time for children and their families, as it can be a daunting experience to appear in formal proceedings irrespective of any prior involvement in the system or attendance at court. Youth justice services (YJSs) should offer support and advice to children and their families; and have a statutory duty (under the Crime and Disorder Act 1998) to offer bail and remand services which are bespoke to the childs individual circumstances and objections to bail. This also provides the opportunity to establish relationships with children who may later receive a court order.

Bail and remand services should ensure that children:

are detained by police for the minimum necessary time
are not held in a police cell overnight unnecessarily
are not subject to unnecessary or inappropriate police bail
attend court as required
understand the requirements of court bail, any conditions attached and what is expected of them if they receive a bail supervision and support condition
have maximum access to community support which are credible to the court, so that children are only remanded in custody where the case meets the tests set out in the The Police, Crime, Sentencing and Courts Act 2022
are supported to reduce the likelihood of offending on bail and future attendance at court

Children from some ethnicities, particularly those that are Black, Mixed, Gypsy, Roma and Traveller as well as children looked-after are significantly overrepresented amongst those remanded into custody. Research on remand and sentencing decisions has shown that Black children receive harsher sentences for comparable offences than White children. When remanded into custody, Black children are more likely than White children to go on to receive a custodial sentence and you have a role in challenging this disproportionality.

You should regularly review and analyse data on the children remanded in your area by ethnicity and whether they are known to childrens services. You should then report this to court user groups. If there is an overrepresentation of any group in your area, you should discuss it at your YJS management board and set in place measures to reduce it.

Appropriate adults

Local authorities have a statutory duty to coordinate appropriate adult services. This applies:

at all times, in and outside normal working hours, including evenings, overnight, weekends and bank holidays
to children from the local authoritys area, and to children who are from outside of their home area who are held by local police

The appropriate adult role was created by the Police and Criminal Evidence Act 1984 and its associated codes of practice known collectively as PACE. PACE sets out the powers and duties of the police, the rights of people detained in a police station or attending a voluntary interview, and the role and function of the appropriate adult.

When the police arrest and interview a child (under 18 years of age) at a police station there must be an appropriate adult present. Anyone who appears to be under 18 years where there is no other evidence to suggest otherwise, must be treated as a child.

PACE Code C 1.7 defines who may act as an appropriate adult. They can be a:

parent
guardian
representative of the organisation responsible for the childs care
social worker
responsible person aged 18 years or over

An appropriate adult may not be a police officer or other police employee. Appropriate adults are not subject to police vetting, but enhanced DBS checks should be undertaken for appropriate adults working with children. The appropriate adult should be someone in whom the child has confidence; and who will advise them effectively. A person cannot be the appropriate adult if they might be a suspect, victim, witness or otherwise involved in the investigation, or have received an admission of guilt prior to attending. A parent to whom the child objects should not be the appropriate adult.

The police should in the first instance contact the parent/carer and ask them to attend the police station. The appropriate adult role can be challenging for parents/carers, and explaining the role is a police responsibility. However the youth justice service (YJS) may contact parents/carers to offer support in being an appropriate adult, such as by providing telephone advice or sharing this video.

If it is not possible for a parent to attend, the local authority is required to provide the service. This is generally through the YJS in normal working hours and through the local authority emergency duty team outside of office hours. The youth justice service can choose how to meet its statutory duty. For example, they can provide appropriate adults function, work in partnership with emergency duty teams, commission a service, or combine approaches. Appropriate adults can be employed team members, sessional staff or volunteers, but should be trained/qualified to national standards.

The appropriate adult is required to be present:

when the child is informed of their rights
during a strip or intimate search
during the police interview
when fingerprints or samples are taken
when the disposal decision is being made regarding further action
when the child takes part in identification procedures

Children who are detained by the police should also have a legal representative to advise and be present during the police interview. The role of the appropriate adult is distinct and different from this. The Howard League for Penal Reform and the Youth Justice Legal Centre have produced a step-by-step guide for lawyers in recognition of the particular assistance that children who are looked-after may require at the police station.

An appropriate adult is present to ensure that:

the child is treated in accordance with the PACE Codes of Practice
the childs welfare is safeguarded
the child is treated fairly
representations can be made on the childs behalf
communication between the child and the police is facilitated so that they understand what is happening

Appropriate adults should be prepared to advocate on the childs behalf and be proactive in their engagement with the police and the child. A key consideration will be ensuring the child is not held in custody for any longer than is necessary. The YJS should be advised if there is likely to be a denial of bail so they can assess the childs circumstances to explore what other options are available. This is particularly important if a bail address is required because the child cannot return to their usual place of residence. Local policies and procedures should be followed in this respect.

The National Appropriate Adult Network (NAAN) provides standards and guidance for the delivery of appropriate adult provision. NAAN also provides:

appropriate adult training and qualifications
professional development and networking events
online guidance for family members, practitioners, managers and commissioners
advice and support for appropriate adult scheme leaders

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