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Teenager wins ruling on detention of 17-year-olds Teenager wins ruling on detention of 17-year-olds
(35 minutes later)
A teenager has successfully challenged the policy of treating 17-year-olds in police custody as adults, not children.A teenager has successfully challenged the policy of treating 17-year-olds in police custody as adults, not children.
The High Court ruled the policy was "incompatible" with human rights law. Under-17s are given greater protection.The High Court ruled the policy was "incompatible" with human rights law. Under-17s are given greater protection.
The case was brought by Hughes Cousins-Chang, who had been kept in custody for 12 hours and strip-searched before being released on police bail.The case was brought by Hughes Cousins-Chang, who had been kept in custody for 12 hours and strip-searched before being released on police bail.
The ruling follows the deaths of two 17-year-olds who killed themselves after getting into trouble with police.The ruling follows the deaths of two 17-year-olds who killed themselves after getting into trouble with police.
Joe Lawton of Stockport and Edward Thornber of Didsbury, both Greater Manchester, had been arrested and treated as adults.
According to the Home Office, every year 75,000 17-year-olds are taken into police custody.According to the Home Office, every year 75,000 17-year-olds are taken into police custody.
Robbery arrestRobbery arrest
Those aged 16 and under are entitled to contact their parents or seek advice and assistance from an independent "appropriate adult".Those aged 16 and under are entitled to contact their parents or seek advice and assistance from an independent "appropriate adult".
In his ruling on Thursday, Lord Justice Moses, sitting with Mr Justice Kenneth Parker, said:In his ruling on Thursday, Lord Justice Moses, sitting with Mr Justice Kenneth Parker, said:
"I conclude that it is inconsistent with the rights of the claimant and his mother, enshrined in Article 8 (of the European Convention on Human Rights) for the secretary of state to treat 17-year-olds as adults when in detention.""I conclude that it is inconsistent with the rights of the claimant and his mother, enshrined in Article 8 (of the European Convention on Human Rights) for the secretary of state to treat 17-year-olds as adults when in detention."
To do so "disregards the definition" of a child in the UN Convention on the Rights of the Child, and the "preponderance of legislation affecting children and justice", the judge said.To do so "disregards the definition" of a child in the UN Convention on the Rights of the Child, and the "preponderance of legislation affecting children and justice", the judge said.
Mr Hughes-Chang - who had never been any trouble with the police before - brought the challenge with the help of his uncle Christopher Chang. Mr Cousins-Chang - who had never been any trouble with the police before - brought the challenge with the help of his uncle Christopher Chang.
Now 18 years old, the court lifted an anonymity order on Mr Hughes-Chang following the ruling. Now 18 years old, the court lifted an anonymity order on Mr Cousins-Chang following the ruling.
He was arrested four weeks after his 17th birthday, on 19 April 2012 on suspicion of the robbery of a mobile phone on a bus.He was arrested four weeks after his 17th birthday, on 19 April 2012 on suspicion of the robbery of a mobile phone on a bus.
His mother, Carrlean Chang, was not aware of his arrest for more than four hours, after the police had denied his request for her to be contacted.His mother, Carrlean Chang, was not aware of his arrest for more than four hours, after the police had denied his request for her to be contacted.
When she did arrive at Battersea Police Station, she was not allowed to speak to her son.When she did arrive at Battersea Police Station, she was not allowed to speak to her son.
The teenager, from Tulse Hill in south London, was finally released almost 12 hours later and was informed by letter a month after his arrest that his bail would be cancelled. He was not charged.The teenager, from Tulse Hill in south London, was finally released almost 12 hours later and was informed by letter a month after his arrest that his bail would be cancelled. He was not charged.
Joe Lawton's parents said he would "still be here today" if he had received their support when he was taken into custody for drinking and driving,
Edward's mother, Ann Thornber, also welcomed the verdict. Her son took his own life after being summoned to court when he was caught smoking cannabis.
She said: "Obviously we are delighted that some good has come out of it, but it's not going to bring Joe or Edward back.
"If it can stop another family going through the devastation we have been through, there has to be something positive."