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Action Needed to Embed Human Rights Compliant Policing

2 July 2024
Sam Nelson
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Categories: News

02 July 2024

The Northern Ireland Policing Board has today published its ‘5 Year Human Rights Review’. The initial summary report demonstrates a need to properly embed human rights compliance within frontline policing. It also highlights that, of the 119 previous recommendations made by the Board over the last five years, only 24 have been implemented by the PSNI.

A number of the key issues mentioned in the report relate to work that the Children’s Law Centre has consistently raised in relation to the policing of children and young people. These include:

  • The misuse and abuse of stop and search powers
  • Strip searching of children and young people in custody
  • Uses of force, including the use of spit hoods on children and young people

Speaking after the report was published, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre, commented: “The Children’s Law Centre has consistently raised our concerns in relation to a number of areas of policing policy and practice. These have included serious breaches of human rights standards that have been criticised by the United Nations Committee on the Rights of the Child.

“While the summary report claims that the PSNI is human rights aware, the Children’s Law Centre agree with its additional assertion that the PSNI has some distance to go to be truly human rights compliant. That must include a better record in implementing recommendations from the Policing Board, as well as implementing recommendations from international human rights experts.”

Mr McFerran continued: “We welcome that a number of the issues raised by CLC over the past years have been referenced in the summary report. This includes the use of spit hoods, strip searches of children in custody and stop and search.

It is particularly encouraging to see that the ‘Human Rights Review of Children and Young People: Strip Searching in Police Custody’ is recognised as having a significant impact on policing practice. The Children’s Law Centre fought hard to secure this review and will continue to scrutinise the PSNI on the issue.

“However, it is disappointing that previous Board recommendations around spit hoods were ignored. The misuse and abuse of stop and search powers also continues, with the report recognising issues around the low outcome rates and the damaging impact on community relations, as well as the impact on trust in the police by children and young people. The PSNI should also finally get to grips with their duty to record and report community background data.

“Children and young people must be seen as rights holders and the PSNI should act to deliver a policing approach which truly respects and fulfils the human rights of our young people.”

The NI Policing Board’s report can be found at https://www.nipolicingboard.org.uk/publication/human-rights-5-year-review

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Child Rights Experts “Very Concerned” by PSNI Use of Force Statistics

19 June 2024
Sam Nelson
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Categories: News

19 June 2024

The Children’s Law Centre has expressed grave concern at the latest PSNI use of force statistics for the period April 2023 to March 2024. The statistics highlight how spit hoods have been used on children, including at least once on a child under the age of 13.

There has also been a sharp increase in the use of plastic bullets, with child rights experts highlighting the severe risk they pose to children and young people.

The Children’s Law Centre has pointed to the latest concluding observations and recommendations from the UN Committee on the Rights of the Child that call for measures to ‘explicitly prohibit, without exception, the use of harmful devices including spit hoods, plastic bullets, attenuating energy projectiles and other electrical discharge weapons against children.

Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said: “These latest figures from the PSNI continue to leave us very concerned about significant rights breaches on children and young people who have been in contact with the police.

“The increased use of spit hoods on children is particularly worrying, especially as explicit guidance exists which sets out a presumption they should not be used on children at all.

“While there appears to be a lower number of individual children subject to force by the PSNI compared to last year, it is worrying that the figures seem to indicate that more children have been subject to multiple types of force.”

Mr McFerran continued: “It is also important to note what is missing from the statistics. They have not been fully disaggregated by the characteristics protected by Northern Ireland’s equality laws, such as community background and disability.

“The Children’s Law Centre has long-held concerns that uses of force disproportionately impacts children with additional needs, care experienced children and children from disadvantaged backgrounds.

“These latest statistics represent clear breaches of children’s rights and we will continue to raise our concerns with the NI Policing Board.”

Paddy Kelly, Director at the Children’s Law Centre said: “The sharp increase in the use of plastic bullets is shocking. The dangers posed to children by the use of plastic bullets has been clear for a very long time. Indeed, the tragic death of eight children due to plastic bullets is evidence enough.

“The Northern Ireland Policing Board should, as a matter of urgency, ensure the PSNI end the use of Plastic Bullets against children in compliance with the UN Committee on the Rights of the Child’s repeated recommendations.”

Claire Kemp, Policy Officer at the Children’s Law Centre added: “The overuse of Stop and Search powers on children and young people also continues, with 2089 children stopped and searched in the last reporting year, including 56 children aged 12 or under. Of the 2089 children stopped, 74 were subsequently arrested – equating to just 3.7% of an outcome rate.”

The latest use of force statistics can be found at https://www.psni.police.uk/about-us/our-publications-and-reports/official-statistics/statistics-police-use-force

In January 2023, the NI Policing Board published a Human Rights Review of the PSNI’s Use of Force following calls from the Children’s Law Centre and human rights organisations.

The most recent stop and search statistics can be found at https://www.psni.police.uk/about-us/our-publications-and-reports/official-statistics/stop-and-search-statistics

The UN Committee on the Rights of the Child’s concluding observations can be found at https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CRC%2FC%2FGBR%2FCO%2F6-7&Lang=en (the recommendation on the use of spit hoods and plastic bullets is at 30(a) on page 9 of the report.

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Plastic Bullets Still A Threat 25 Years After The Good Friday Agreement

17 April 2023
Sam Nelson
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Categories: News

18 April 2023

As we reflect on the 25th anniversary of the signing of the Good Friday Agreement, Paddy Kelly, Director at the Children’s Law Centre, has spoken of her disappointment that Attenuating Energy Projectiles (AEPs), commonly referred to as plastic bullets are still being used on children.

The ‘Patten Report’, provided for in the Good Friday Agreement, reported in 1999 as part of the programme of reform of policing. The report recognised the lethal nature of plastic bullets and recommended that an ‘immediate and substantial investment should be made in a research programme to find an acceptable, effective and less potentially lethal alternative to the Plastic Baton Round’.

Despite this recommendation, and the fact that 17 people including eight children were killed by plastic and rubber bullets during the conflict, AEPs are still used by the PSNI. Northern Ireland is the only jurisdiction in the UK where AEPs are used during public order policing, despite recommendations from international human rights bodies calling on a total ban.

Image of report front cover with text reading 'NI NGO Stakeholder Report 2 - Endorsed by over 50 organisations and individuals'
Download: NI NGO Stakeholder Report 2

The Children’s Law Centre submitted evidence to the UN Committee on the Rights of the Child in December 2022 and presented to the Committee in February 2023, once again highlighting the continued use of AEPs in Northern Ireland and the dangers they present to children and young people. The UN Committee on the Rights of the Child is due to publish fresh recommendations this year.

Paddy Kelly, Director at the Children’s Law Centre, said:

“The Good Friday Agreement has left us all in a far better place, but when we look at the progress achieved around policing, the continued use of plastic bullets, including against children, remains a cause of serious concern and is not compliant with the recommendations of international human rights bodies.

“The ‘Patten Report’, which flowed from the Good Friday Agreement, recommended investment to find an acceptable, effective and less potentially lethal alternative to the Plastic Baton Round. That has not happened. AEPs of their very nature pose a significant and potentially lethal threat to children and young people.

Image of Paddy Kelly with pull quote reading: "The Good Friday Agreement has left us all in a far better place, but when we look at the progress achieved around policing, the continued use of plastic bullets, including against children, remains a cause of serious concern".

“It is hard to comprehend why the use of AEPs continues in Northern Ireland, while they are deemed far too dangerous for use in the rest of the UK. Indeed, in 2011, following riots in England, a Home Affairs Committee Report concluded that it would be ‘inappropriate as well as dangerous’ to use baton rounds to police public order disturbances. Yet they continue to be used in Northern Ireland, with the most recent statistics showing they were used on at least one child in the last reporting year.

“We cannot continue to ignore the evidence that the use of AEPs can be lethal. The UN Committee on the Rights of the Child have twice issued strong recommendations, in 2008 and 2016, calling for a complete ban and highlighting the dangers. Twenty-five years after the Good Friday Agreement, the Children’s Law Centre, yet again, have had to raise at the UN Committee on the Rights of the Child the continued use on children of these potentially lethal weapons.

“It is beyond time that we deliver on the Good Friday Agreement, underpinned by rights and equal protection, by finally banning the use of AEPs in Northern Ireland.”

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Children’s Law Centre Secures Investigation and Review of PSNI Strip-Searches on Children

10 March 2023
Sam Nelson
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Categories: News

13 March 2023

Image of siren with headline included

The Northern Ireland Policing Board’s Human Rights adviser will investigate and review PSNI strip searches of children and young people in custody. The investigation follows work by the Children’s Law Centre to raise concerns around the practice.

In announcing the Terms of Reference, the Policing Board highlighted two key concerns, including the evidential basis for conducting strip searches and the lack of an appropriate adult being present in most cases.

In January 2023, the Children’s Law Centre uncovered a number of concerning statistics highlighting the absence of items found in most cases of a strip search and concern around the threshold being used to justify strip searches, the overwhelming majority of which took place without an appropriate adult present.

Image of a report with quote from the Terms of Reference reading: "The issue was originally raised by organisations in the children's sector at a PSNI youth champions meeting in May 2022 with more in-depth discussion from the Children's Law Centre and reporting within the media."

Following the announcement of the Terms of Reference for the investigation and review, Fergal McFerran, of the Children’s Law Centre, said:

“The Children’s Law Centre welcomes this investigation. We have consistently raised our concerns around the strip-searching of children and young people by the PSNI. We are pleased that Policing Board members and the Human Rights Adviser have taken our concerns seriously.

“We believe the commissioning of this investigation is itself a sign that serious concerns in relation to the practice of strip-searching children remain unanswered. We hope the investigation will bring the appropriate levels of scrutiny and we have no doubt there will be serious failings identified. It is right that the actions of the PSNI on this issue are carefully examined.

“From the information we have been able to uncover, we know that in almost all cases, nothing is found as a result of a strip-search. It is our view that this demonstrates the lack of justification for using such an invasive use of force on children, some of whom have been as young as 14.”

Image of scared child with a pull quote from Fergal McFerran reading: "We hope the investigation will bring appropriate levels of scrutiny and we have no doubt there will be serious failings identified."

The Northern Ireland Policing Board’s Terms of Reference for the review can be found here.

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Organisations Join in Call to ‘Stop Criminalising Our Children’

28 November 2022
Sam Nelson
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Categories: News

28 November 2022

Experts and children address event in support of raising the age of criminal responsibility to 16

Raising the age would remove a considerable number of children from the justice system

A Department of Justice NI consultation is due to close on 23 December 2022

The current age of criminal responsibility in NI is ten, one of the lowest in Europe and the developed world

Queen’s University Belfast, Centre for Children’s Rights, the Children’s Law Centre, Include Youth, NIACRO and Voice of Young People in Care (VOYPIC) have jointly called on support for raising the age of criminal responsibility in Northern Ireland to 16, with no exceptions.

The call came at an expert led event titled ‘Stop Criminalising Our Children’ hosted today (Monday 28 November) at Queen’s University, where attendees heard from a range of experts, including children themselves.

The UN Committee on the Rights of the Child has been quite clear that developed democratic societies should be aiming high and raising the age of criminal responsibility to 16 – Fergal McFerran, Children’s Law Centre

The event was organised in response to the Department of Justice NI’s consultation on whether the age of criminal responsibility should be raised in Northern Ireland. The five organisations believe this is the right opportunity to lead the way and raise the age to 16, with no exceptions. This would bring Northern Ireland in line with best practice, protect vulnerable children who are being failed, and provide better outcomes for society.

Joint Briefing – 10 Reasons Why 10 Is Too Young

Speaking about Northern Ireland being well behind international standards, Fergal McFerran, Policy and Public Affairs Manager at the Children’s Law Centre said:

“We’re failing our children and young people in Northern Ireland by criminalising them at such an early age. We’re also hugely out of step with international children’s rights obligations. The UN Committee on the Rights of the Child has been quite clear that developed democratic societies should be aiming high and raising the age of criminal responsibility to 16. Indeed, as far back as 2008, the then Chair of the Committee made that very point at the Children’s Law Centre annual lecture.”

Highlighting the impact criminalising children has on their lives, Dr Paula Rodgers, Policy Coordinator from Include Youth added:

“As a rights based charity for children and young people, Include Youth are concerned about the impact of criminalising children from aged ten. As well as increasing their chances of moving further in to the justice system, it can alienate them from society, create barriers to education, future employment and have huge implications on their mental health.

“Research has proven time and time again that criminalising children does not work. A low age of criminal responsibility that seeks a criminal justice solution to welfare issues, poverty, adverse childhood experiences and trauma simply accelerates already vulnerable children into the system. A needs based approach that focuses on trauma and rehabilitation can not only help the child or young person, but the whole community.”

Calling for better preventative strategies to divert young people from the criminal justice system, Fiona Greene, Chief Executive of NIACRO, said: 

“NIACRO fully supports raising the minimum age of criminal responsibility to 16. Raising the age would make a significant impact in removing the numbers of children entering the criminal justice system and ensure they are supported, and not punished, and behaviour is addressed. It would also support the expansion of evidence based Early Intervention services and programmes and demonstrate a commitment to trauma informed practice. 

“We need to see movement on this crucial issue now, our children deserve to see movement.”

Research has proven time and time again that criminalising children does not work” – Dr Paula Rodgers, Include Youth

With one in three children detained in the Juvenile Justice Centre having experience of care, Alicia Toal, Chief Executive of VOYPIC said:

“Research tells us that children in the youth justice system come from our most deprived and disadvantaged communities. Those with speech and language difficulties, poor mental health, or living in care, are more likely to be over-represented among this group of children.

“Raising the minimum age of criminal responsibility is one clear step we can take to redress this discriminatory approach, stop the criminalisation of children in care, and build a safer and fairer community for everyone.”

Joint Briefing – 10 Reasons Why Ten Is Too Young

Dr Siobhan McAlister, from the School of Social Sciences, Education and Social Work at Queen’s University Belfast said:

“The Centre for Children’s Rights at Queen’s welcome this public consultation on raising the minimum age of criminal responsibility in Northern Ireland. It is long overdue. We retain one of the lowest ages of criminal responsibility in Europe. The event hosted at Queen’s provides an opportunity to influence this public consultation by presenting some of the evidence demonstrating why raising the age of criminal responsibility is the right and necessary thing to do.”

“I was 13 the first time I had contact with the police and at the time I was in kinship care… No one asked me what was going on or why I did what I did” – ‘Chris’, now aged 19

Young people with experience of the criminal justice system have added their voice to the calls

‘Chris’, now aged 19 said:

“I was 13 the first time I had dealings with the police and at the time I was in kinship care. I was told I was in a lot of trouble, but no one asked me what was going on or why I did what I did.

“This was the start of my mental health getting bad. I was in consistent fear of being stopped by the police and everyone where I’m from thinking I was a bad kid.

“At that age you do stupid things you don’t realise the impact. If someone who was nice and could understand and help kids learn what would happen if they did these things or find out why they did do them and help them so they don’t do it again.”

‘Mark’, now 18, had a similar experience:

“I felt peer pressured, I didn’t know right from wrong at that young age.

“I was doubting myself and I don’t think any 13 year old should feel threatened because they are not educated on policing and law and order.”

“I didn’t know right from wrong… I was doubting myself and I don’t think any 13 year old should feel threatened because they are not educated on policing and law and order” – ‘Mark’, now aged 18

Key Statistics

According to government figures, there were 456 individual children aged 10-15 years old referred to the Youth Justice Agency Services in 2021/2022.

Of the 106 individual children in custody in 2021/2022, 33 were subject to a Care Order and 3 were Voluntary Accommodated.

There were 1,057 10-15 year old children recorded as having received prosecutions at court and out of court disposals in 2021.

The cost of holding a young person in custody during 2020-21 was £190,206 (expressed as the cost per place including corporate overheads) or £829,988 when expressed as the cost per occupant. Government figures from the Department of Justice, reveal that the one year proven re-offending rate of young people for custody release was 16 out of 20 young people. Non-custodial disposal with supervision was 45.6% | Non-custodial disposal without supervision was 38.6% | Diversionary disposal was 21.5%

Joint Briefing – 10 Reasons Why 10 Is Too Young

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