HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 982 (Admin) (25 April 2013)

HC (A Child,), R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 982 (Admin) (25 April 2013)

It is unlawful for the Secretary of State to maintain a Code of Practice (Code C under PACE) that treats 17 year-olds as adults in police detention, denying them the protections afforded to younger children, as this is incompatible with Article 8 of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child. The Secretary of State is under a duty to revise the Code to provide 17 year-olds with the same protections as those under 17, including the right to have a parent or appropriate adult informed and present.

Citation
[2013] EWHC 982 (Admin)
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 / High Court Judgment
Outcome
Claim allowed
Legal Topics
Police Powers, Detention of Minors, Children's Rights, Judicial Review, Code of Practice Under PACE, UN Convention on the Rights of the Child
Public Law Human Rights Law Criminal Law Police Powers Detention of Minors Children's Rights Judicial Review Code of Practice Under PACE +1 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 / High Court Judgment

Legal Issues

  1. 1 Whether it is lawful for the Secretary of State to refuse to revise Code C of the Police and Criminal Evidence Act 1984 to provide 17 year-olds in police detention with the same protections as those under 17, including the right to have a parent or appropriate adult informed and present.

Ratio Decidendi

It is unlawful for the Secretary of State to maintain a Code of Practice (Code C under PACE) that treats 17 year-olds as adults in police detention, denying them the protections afforded to younger children, as this is incompatible with Article 8 of the European Convention on Human Rights and the United Nations Convention on the Rights of the Child. The Secretary of State is under a duty to revise the Code to provide 17 year-olds with the same protections as those under 17, including the right to have a parent or appropriate adult informed and present.

Court Disposition

Claim allowed

Orders

  • Declaration that the Secretary of State's failure to revise Code C to provide 17 year-olds with the same protections as those under 17 is unlawful.
  • Order that the Secretary of State must revise Code C accordingly.