HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor

HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor

It is unlawful and incompatible with Article 8 ECHR, read with the UNCRC, for the Secretary of State to maintain a Code of Practice (PACE Code C) that treats 17 year-olds in police detention as adults and fails to provide them with the special protection afforded to children, including the right to have a parent informed and the assistance of an appropriate adult. The Secretary of State's failure to revise the Code is in breach of her obligations under the Human Rights Act 1998.

Parties
Claimant: HC (a child, by his litigation friend CC); 1st Defendant: Secretary of State for the Home Department; 2nd Defendant: Commissioner of Police of the Metropolis; Intervener: Coram Children’s Legal Centre; Intervener: The Howard League
Jurisdiction
England and Wales
Judgment Date
25 April 2013
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed against the Secretary of State; declaration of unlawfulness granted
Legal Topics
Detention of Juveniles, Police Powers, Appropriate Adult Provision, Article 8 ECHR, UN Convention on the Rights of the Child, PACE Code C, Children's Rights, Judicial Review of Government Policy
Human Rights Law Criminal Law Administrative Law Children Law Detention of Juveniles Police Powers Appropriate Adult Provision Article 8 ECHR +4 more

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Parties

HC (a child, by his litigation friend CC)

Claimant

Secretary of State for the Home Department

1st Defendant

Commissioner of Police of the Metropolis

2nd Defendant

Coram Children’s Legal Centre

Intervener

The Howard League

Intervener

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether it is lawful for the Secretary of State to refuse to revise PACE Code C to distinguish between 17 year-old detainees and adults
  2. 2 Whether treating 17 year-olds as adults in police detention is compatible with Article 8 ECHR and the UNCRC
  3. 3 Whether the failure to provide an appropriate adult to 17 year-olds in custody is unlawful

Ratio Decidendi

It is unlawful and incompatible with Article 8 ECHR, read with the UNCRC, for the Secretary of State to maintain a Code of Practice (PACE Code C) that treats 17 year-olds in police detention as adults and fails to provide them with the special protection afforded to children, including the right to have a parent informed and the assistance of an appropriate adult. The Secretary of State's failure to revise the Code is in breach of her obligations under the Human Rights Act 1998.

Court Disposition

Claim allowed against the Secretary of State; declaration of unlawfulness granted

Orders

  • Declaration that the Secretary of State acted unlawfully in failing to revise Code C to distinguish between the treatment of an adult detainee and a detainee under the age of 18
  • The present Code is unlawful and needs to distinguish between 17 year-old detainees and adults