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H04 Release of detained juveniles into the care of persons other than their parent or legal guardian

1. Security protective marking

1.1. Not protectively marked.

2. Summary of changes


2.1. The following changes have been made to this policy on 23 October 2012.

    • Addition to paragraph 5.1 to highlight checks are to be done by the Custody Sergeant, plus the suitable person must be at least 18 years old and known to the parents/guardians of the detainee (unless appointed by another authority);
    • Addition to paragraph 5.5 to highlight first point of call and contact after 2100 hours.
2.2. This policy is due for review in April 2014.

3. Application

3.1. This policy applies to all staff in custody and Investigating Officers.


4. Purpose

4.1. The purpose of this policy is to outline:

    • the procedure of releasing a detained juvenile from custody, into the care of some person other than that juveniles parent, legal guardian or representative of a statutory authority e.g. social services;
    • the care that must be taken to ensure their suitability and that they do not present a risk to that juvenile; and
    •  when such situations arise the following procedure should be adhered to:


5. Procedure 

5.1.  The suitable person into whose care the juvenile is to be released will be subject of a Police National Computer (PNC) and Genesis check.  These checks are to be completed by the custody sergeant. Also, the suitable person should be at least 18 years of age and known to the detainee, or the detainees' parent or guardian (unless appointed by social services or other authority).

5.2.  If as a result of these checks, there is concern that the juvenile may be at risk of significant harm, as defined in S31(9)(10) of The Children Act 1989, if released into the care of that individual, arrangements should be made to allow for the release of that juvenile into the care of some other person. This person shall also be subject of a PNC and Genesis check.

5.3.  If it is not possible to make such alternative arrangements, then the Police Protection Procedures as set out in S46 of the act should be followed.

5.4.  The fact that such checks have been made, the results of the checks and any subsequent action taken must be endorsed on the custody record.

5.5.  If there are any doubts over the suitability of any person or what action to take, advice should be sought from Public Protection Unit (PPU). The local PPU office should be first point of call.  However, if local PPU officers are not available, the Central Referral Unit covers from 0700 until 2100 hours for this advice.  After 2100 hours, a night duty PPU DC is booked on Storm and will be available through until 0700 hours.

6. Retention and disposal of records


6.1. Documents mentioned in the above policy will be retained for the period specified in the disposal schedule.

7. Equality impact assessment


7.1. This policy has been assessed with regards to its relevance to race and diversity equality. As a result of this assessment the policy has been graded as having a medium potential impact.


7.2. Attached is the latest equality impact assessment that forms part of the policy review process.

Policy reference: H04 Release of detained juveniles into the care of persons othe
Policy owner: Chief Superintendent. Head of Central Investigation Command
Contact point: Policy Unit, 01622 653298
Date last reviewed: 23 October 2012
Document last saved: 25 October 2012