High Court
| DOI | 10.1177/002201839105500102 |
| Published date | 01 February 1991 |
| Date | 01 February 1991 |
| Subject Matter | High Court |
HIGH
COURT
POLICE INTERVIEWS WITH WARDS OF COURT
Re R, Re G
The procedure to be followed by the police with regard to juveniles
under the
PACE
Act 1984 might be expected to cover adequately
most, if not all, eventualities arising
out
of police contacts with
young persons by way of interviews, cautions and so on. In what
way does the court's jurisdiction and the court's powers in respect
of those juveniles who are wards of court require a modification
of those procedures? In Re R, Re G
[1990J
2 All
ER
633, the
meticulous manner in which the police followed the statutory
procedures meant that there were no difficulties in the way of the
court's granting leave for the police to proceed further; but the
Commissioner sought clarification of the procedure which the
police should follow whenever the juveniles in question were wards
of court. There, the two juveniles in question were both wards of
court and were the subject of orders under the Family Law Reform
Act 1969placing each of them underthe control of alocal authority.
They were arrested for attempted burglary in circumstances which
strongly suggested their involvement. After their interviews in
accordance with the Act, the police decided that they should be
cautioned, rather than prosecuted, and applied to the court for its
leave to administer such a caution. In each case, the local authority
had eventually no objection and the court readily granted leave.
The
Commissioner, however, sought the court's general advice
upon the problems which may arise when a juvenile arrested by
the police turns out to be a ward of court. In the Practice Direction
[1988J
2 All
ER
1015; 2 WLR 989, the Senior Registrar tried to
give guidance when the police sought to interview a ward of court,
either as a potential witness or as a victim or, more particularly,
as a suspect. The problem arises when it is necessary for the police
to take immediate action as a matter of urgency, so that there is
no time in which to seek the leave of the court. The Registrar's
Direction recognised that there would be cases in which there
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