Legislation under the Children Act 1989, states children should only be placed in custody for their own protection. Section 38 of the Act stipulates that custody should only be implemented if “the child suffering or likely to suffer significant harm and that the harm or likelihood of harm is attributable to; the care given to the child, or likely to be given to him/her if the order were not made, for example the child being beyond parental control. The Act also outlines guidance for children in care and those that bear witness to verbal or domestic violence (Legislation.gov, 2013).
Policy regarding placing young people in custody in accordance to the Youth Justice Board (YJB) states, that they are responsible for placing children under 18, remanded or sentenced to custody. “Following consultation with Youth Offending Teams (YOTs) and/or local authority staff, the YJB decides which establishment a young person is sent to, based on age, individual needs, risk and personal circumstances” (YJB, 2013).
However evidence demonstrates that legislation, and police is being ignored. Especially were ethnic minorities are concerned. An article published in 2004 named ‘Keeping Quiet’ or ‘Going Nuts’ Strategies Used by Young, Black, Men in Custody the author David Wilson writes about the YJS inadequacies when dealing with race and crime.
Wilson suggests; the prisons of south-east England consists primarily Caucasian prison offers (PO), while about half the imprisoned young men will be from ethnic minorities- the majority of whom will be of African or Caribbean decent. The over-representation of ethnic minorities in custody has been see as a product of the ‘multiplier effect’ of institutional racism in operational policing, through the process of caution, prosecution, remand and bail decisions to sentencing options
The article targeted young males between 16-18 years of age, for which clearance had to be obtained and a selection of suitable candidates for interview was...