Types of fostering
3. Police and Criminal Evidence Act (PACE)
When children and young people are arrested, and the Police decide to bring charges against them, they can either be bailed from the Police station (allowed to go home) or remanded (kept) in Police custody.
If children are bailed they can return home and await a letter with a court hearing date on it.
If children are remanded in Police custody they must remain in Police cells until they can be presented at court via the cells.
Each day one court room will work through the individuals who have been remanded (i.e. the people who are in the court cells). Once the cells are empty the court will end their business for the day. This could mean that a child who is not presented at court that morning is then required to stay in Police custody overnight before they are presented at court the next morning.
Police custody is an adult environment and though children will be in a cell alone they will be able to hear everything that is going on in police custody for other adults. It is an unpleasant environment that can be frightening for children and young people. Many children and young people who do become involved in the criminal justice system have undiagnosed additional needs and the environment can be confusing and overwhelming for them.
It is best practice for the Police to contact the local authority as soon as they become aware that a child might need to remain in Police custody overnight. The Local authority then explore whether there is a foster carer with a vacancy who is able to offer a PACE bed overnight.
Children and Young People stay with the foster carer and then the foster carer brings them to court the next morning and leaves them in the care of the youth offending team – to enter the court from the waiting room rather than the cells. This is a much more child-friendly method of attending court and can prevent children/young people from increased exposure to secure environments (e.g. transportation in police custody, court cells etc.).
The foster carers are providing children with a place in their home as an extension of Police custody and they have to complete documentation which is provided by the Police. Foster carers also have to take care of the child's property until they transfer the child into the youth offending team officer's care.
Children in custody are highly vulnerable and need safe and nurturing environments which offer support without shame or judgement.