Question
At our December meeting on 08.12.2022, I asked a question about the strip searching of Under 18s in a custodial setting. I was particularly keen to understand why on only one of twenty-six occasions, an appropriate adult was present.
The PSNI Code of Practice allows for two exemptions (i) Urgency and (ii) when the Under 18 declines the opportunity to have an appropriate adult present.
The Chief Constable asked ACC Chris Todd to answer on behalf of the PSNI. At one point (circa 44 minutes 54 seconds into the Board's YouTube recording of the session) ACC Todd says Under 18s declining the opportunity to have an appropriate adult present is "often the case."
Yet later ACC Todd states "it is rare a young person will decline ..." (circa 49 minutes 54 seconds) Given these are two entirely contradictory statements, would the Chief Constable provide clarity as a matter of urgency.
Further questions:
- Regarding the 26 strip searches of U-18s in a custodial setting, how often was an "appropriate adult" absent because the PSNI officer(s) deemed the search a matter of urgency, as per the relevant PSNI Code?
- Regarding the 26 strip searches of U-18s in a custodial setting, how often was an "appropriate adult" absent because the U-18 declined the opportunity to have an appropriate adult present, as per the relevant PSNI Code?
- Given 2 of the 26 strip searches produced material that I described as of an evidential nature, does the PSNI consider this a proportionate outcome?
- What is the PSNI's assessment of the impact of the above on public confidence in the PSNI?
Answer
An appropriate adult was present on only one occasion in the period in question, as the remainder of the strip searches were classed as Urgent and no appropriate adult was immediately available.
If a strip search on a juvenile is deemed necessary and an appropriate adult is immediately available, they will be used, urgent or otherwise, unless the detainee objects. If the strip search is not classed as urgent, the search will not take place without the presence of an appropriate adult unless the detainee objects.
In the period in question there were no occasions were the detainee requested to be searched without the presence of an appropriate adult.
As regards the specific comments of ACC Todd, thank you for pointing out the apparent discrepancy and the Police Service apologises for any confusion. However, the first response was simply intended to outline the legal basis on which a search without the presence of an appropriate adult might be authorised. It may have been better to simply articulate the lawful right of a child to decline the presence of an appropriate adult, should they wish to do so.
The second comment was then in response to a clarification question around circumstances specifically relating to the 26 searches carried out by the Police Service in the period referenced. ACC Todd was clear then that it is rare in Northern Ireland that a young person will decline the presence of an appropriate adult. The granular data was not immediately available to the ACC at the time of the question, but hopefully this additional information confirms this to be the case.
In respect of the two instances where material of an evidential nature was recovered, the question of proportionality was asked and answered at the last Board meeting. It remains the position of the Police Service these actions are proportionate. We are satisfied that each of the searches was carried out lawfully and in accordance with the Code of Practice. The purpose of a search is not to recover evidential material, but rather to ensure that the individual in custody cannot cause harm to themselves or others whilst detained, and is based upon the information available to the custody staff present at that time. A positive outcome is not necessarily the recovery of evidential material, although this is indicative of there having been a need for a search. However, the assurance of the young person’s safety and wellbeing is. In each of these cases that was achieved.
Of all the custody events involving young people throughout the year, these searches were limited to less than 2% of all encounters.
The Police Service will endeavour to maintain trust and confidence in our careful use of such intrusive powers through increased scrutiny now by the Service Accountability Panel, as previously described to the Board.
Mike Nesbitt - UUP