Government U-turn exempts children from extended custody time limits

In the wake of the Covid-19 pandemic, the Ministry of Justice implemented new regulations which extended custody time limits by two months, to address delays in the criminal justice system.  

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The regulations, which came into force in September 2020, meant that a child could spend almost eight months in custody before going to trial, children’s legal charity Just for Kids Law said.

Just for Kids Law wrote to the Ministry of Justice along with The Howard League for Penal Reform and human rights campaign group Liberty asking it to withdraw the regulations amid claims they could be considered unlawful.

The group also expressed concern that the regulations would disproportionately impact Black, Asian and Minority Ethnic (BAME) children.  

Government statistics show that more than half (52 per cent) of the children held in custody in the UK are from a BAME background, as well as 57 per cent of those children on remand, despite only making up 18 per cent of the total child population. 

The government initially said it would not reverse the change to legislation due to “unprecedented times” within the justice system, however, following a threat of legal action from the charities, the MoJ agreed to consult the Children’s Minister over the issue.

Yesterday (January 14) ministers agreed to a U-turn on the decision retrospectively, meaning that children who have been remanded in custody since 28 September 2020 will have custody time limits automatically reduced and their trials relisted with shorter custody time limits.  

Jennifer Twite, head of strategic litigation at Just for Kids Law said: “We’re delighted that the government has made the right decision in exempting children from its extension to pre-trial custody time limits. Pre-trial detention is damaging for children and its use has a particularly disproportionate impact on Black and Ethic Minority children. 

“This decision means that children will again have the benefit of a shorter custody time limit which means that they will spend less time in custody and their trials will take place sooner. 

“This is especially important during the pandemic, which exacerbated the conditions of detention in children’s prisons and increased isolation by reducing contact with family and access to vital services.”