Who authorizes if a child or young person stays in custody?

The authority for determining whether a child or young person stays in custody typically lies with an Inspector. This is due to the role of the Inspector in ensuring adherence to regulations concerning the treatment of minors within the custody process. Inspectors are trained and have the necessary experience to evaluate circumstances and make decisions that take into account the welfare and legal rights of young individuals in custody.

In practice, the Inspector has the responsibility to ensure that the detention of a child or young person is lawful and that proper procedures are followed. This includes assessing whether continued detention is justified based on the specific circumstances of the case, including risk assessments and the nature of the alleged offense. Youth custody is particularly sensitive due to legal protections in place that prioritize the welfare of minors.

Other ranks, such as Chief Constable, Sergeant, and Superintendent, have different responsibilities and levels of oversight within the organizational hierarchy. Chief Constables set overall policies, while Sergeants and Superintendents may have operational and managerial roles, but the specific task of making decisions regarding individual custody situations, especially concerning minors, falls squarely within the remit of an Inspector. This alignment with statutory guidelines ensures a balance between effective law enforcement and the requirement to protect and support vulnerable young people.