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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 arrest | Robbery 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 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 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." |