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Key legal issues

The rules governing the placement and treatment of children before, during and after sentence are a mixture of:

Below you will find a brief explanation of the most important areas of law affecting juveniles in prison.

The Crime and Disorder Act 1998 empowers a court to sentence a child aged 12 to 17 to a Detention and Training Order (DTO), whereby the child is sent to custody for periods of between four months and two years. The first half of the sentence is served in custody.

Prison Service Order 4950 sets out the key features of regimes for juveniles in custody. For example, it stipulates that children must spend at least 10 hours out of cells each day.

Prison Service Order 1700 governs the use of segregation.

Prison Service Order 2510 governs how prisoners should make complaints and how the Prison Service should respond.

The European Convention on Human Rights protects every person's human rights. Particularly relevant to juveniles in custody are Article 8 and Article 3. Article 8 states "(1) Everyone has the right to respect for his private and family life, his home and his correspondence. (2) There shall be no interference by a public authority with the exercise of this right except such as in accordance with law and is necessary in a democratic society...". Article 3 states "No one shall be subjected to torture or to inhuman or degrading treatment or punishment".

The Children Act 1989 imposes upon local authorities a general duty to safeguard and promote the welfare of children within their areas who are in need (section 17).

The Children Act 2004 places a statutory duty on prison governors and directors to make arrangements to safeguard and promote the welfare of children in their care (section 11).

The Children (Leaving Care) Act 2000 places continuing duties on local authorities to provide for young adults formerly in care.

The United Nations Convention on the Rights of the Child has been ratified by 192 countries, notable exceptions being Somalia and the USA. Article 3 states that "In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration."

For more information on the legal issues surrounding juveniles in custody, see our publications on children in prison.