Youth and children held in police cells

''We keep them separate from older prisoners and aim to have them in our custody for the shortest time possible in the circumstances, meaning we look to family, the community or other agencies to look after them." Police youth manager Ross Lienert

More than 2000 children and youth have been placed in police custody in the past year.

With two months of the 2016/2017 financial year left, figures released by police revealed a total of 2167 children and youth, aged 10 to 16, had clocked up custody records across New Zealand – an improvement on the 2686 in 2015/2016.

Police youth manager Ross Lienert said police took an approach to youth in their custody that was one of managing the risk that went with the age and vulnerability of young people.

‘‘That means we keep them separate from older prisoners and aim to have them in our custody for the shortest time possible in the circumstances, meaning we look to family, the community or other agencies to look after them.’’

Ministry of Social Development figures identified that 157 children and young people had been detained in police cells for more than 24 hours in New Zealand over the past year.

Oranga Tamariki Youth Justice Services deputy chief executive Allan Boreham said breaking the cycle of youth offending was a priority for the new ministry.

The current average time a young person spent in police custody was about two days.

‘‘Our general duty of care requires us to ensure that any child or young person detained in police custody is visited regularly and assessed until they can be safely returned home, placed in the community or in a secure residential placement.

‘‘Looking ahead, we will be establishing a number of community-based settings for children and young people detained in the chief executive’s custody pending their youth court hearing,’’ Boreham said.

‘‘These include the development of small local remand homes and recruitment and training of specialist foster carers.

‘‘We are also looking at ways we can provide better advice to judges on the circumstances of the young person and how any decision made will impact on them in the future.

‘‘In the interim, we have increased the capacity at Te Puna Wai by 10 more beds, to reduce the risk of vulnerable young people spending more time than is necessary in police custody.’’

Children’s Commissioner Judge Andrew Becroft said there were certain cases where a young person might need to be held in a police cell, such as prior to their first Youth Court appearance, or where a child needed to be moved to a facility elsewhere in the country, but the Government needed to remove the option of police cell remand in the new Oranga Tamariki legislation currently before Parliament.

‘‘If the Government is being serious about being child-centred, they won’t allow children to be remanded in police cells.

‘‘It’s solitary confinement and it’s not acceptable.

‘‘It is contrary to every child rights and human rights norm and frankly I hope the Government moves quickly to remove the option of police cell remand.’’

A Ministry of Justice spokesperson said a young person was remanded to police cells as a last resort.

‘‘As soon as this happens, officials make further inquiries to find a bed in a secure unit. This usually happens within a day of remand.’’