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Elicia Maxwell

Duty of Care in the Criminal Justice System

Safeguarding



Children - Youth Justice System:

In the Criminal Justice System (CJS), children are seen as vulnerable. Often many are experiencing a series of mental health problems. It is a duty of care for CJS practitioners to help and support those accessing the system.

The Children Act 1989 - The Safeguarding Children Partnership will have oversight of the safeguarding arrangements within secure settings in their area. Upon remand or custody, the Youth Custody Service decides where they should be placed. Consideration of needs, risks, and circumstances of each young person.

Secure estates:

  • Young Offender Institutions - run by the Prison Service and private sector accommodating 15-17 year old boys. Serving detention and training orders.

  • Secure Training Centres - purpose built centres for young offenders up to age 17.

  • Secure Children Homes - run by local authority children's social care, private or voluntary organisations. Secure welfare order for the protection of themselves or others. Accommodate young offenders aged 12 to 14, girls up to age 16, and 15-16 year old boys who are assessed as vulnerable.

Duty:

  • protection of harm from self

  • protection of harm from adults

  • protection of harm from peers


The Police and Crime Commissioner:

Their key duty is to support victims, provide a voice, and ensure the effective operation of CJS. The Victims Code forms part of the Government strategy to transform the CJS. It aims to create a responsive system and easy navigation of the system. Victims of crime should be treated respectfully, handling sensitive case issues, and in a professional manner.


Health and Care:

Monitoring and regulating health and social care in the criminal justice and immigration detention systems.

Adult prisons - Category A to D for men. Closed and open prisons for women. YOI provision for young men aged 18-21.

Immigration removal centres - Claiming asylum. Awaiting a decision on their right to enter the UK. Refused permission to enter and awaiting removal. Overstayed or failed to comply with visa terms. Without appropriate documentation.

Police Custody facilities - Assessed for health needs and vulnerabilities. Provided with treatment as appropriate. Offered brief interventions and health promotion. Signposted to community services.


Until the next Legal Thought,

Elicia Maxwell


Sources:


Until the next Legal Thought,


Elicia Maxwell

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