Current policy on stop and search for children

WQ.209/2022

WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY DEPUTY R.J. WARD OF ST. HELIER CENTRAL

QUESTION SUBMITTED ON MONDAY 10th OCTOBER 2022 ANSWER TO BE TABLED ON MONDAY 17th OCTOBER 2022

Question

Will the Minister advise what the current policy on stop-and-search is in relation to children under the age of 18, and will she further advise –

1. what records, if any, are kept of young people being stopped and searched who are under the age of 18; and
2. how many children under the age of 18 have been stopped and searched in the last year?

Answer

Stop and search powers are set out in law and the exercise of these statutory powers is governed by Code A of the Codes of Practice. The same strict code applies to the search of juveniles as it does adults. There is no separate policy relating to the stop search of juveniles.

An appropriate adult does not have to be present for a juvenile stop search, however it is regular practice for officers to notify an appropriate adult of the search after it has taken place out of courtesy. People are not however obliged to confirm their identity to Police should the search yield no results, therefore this may not always be possible. Should an arrest follow from a juvenile stop search, an appropriate adult would be notified to attend custody. An appropriate adult would also have to be involved (unless in urgent or exceptional circumstances) should an officer request a further strip search or intimate search of the juvenile in custody if grounds permit as part of the initial stop search. These points are addressed in Code C of the Codes of Practice.

1. Recording stop searches of juveniles is mandatory. Officers complete an online form as well as a written record which is offered to the subject of the search.
2. The table below shows the number of juveniles that were subject of stop and search powers in 2021 and so far in 2022.