INTRODUCTION

The Children's Law Centre was established in September 1997 and works to help young people their parents and professionals understand and influence laws, which affect them. The Children's Law Centre has already commented on the lack of consultation with young people and their representatives regarding the implementation of The Criminal Justice (Children ) (NI) Order and has commented on the shortfalls of The Juvenile Justice Centre Rules (NI), 1998.

The Children's Law Centre was founded on the principles laid down in The United Nations Convention On The Rights Of The Child, a copy of which is attached for your easy reference. The United Nations Convention on The Rights Of The Child was ratified by UK Government on 16 December 1991 and this means that the Government is committed to bringing UK Law policy and practice relating to children within the standards of the Convention. The Convention applies to NI in the same way as to the rest of the UK and no laws or policy should be incompatible with its terms.

The Children's Law Centre welcomes The Independent Commission on Policing but would urge The Commission to view consultation with young people directly and with their representatives as being integral to the overall process.

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD: PARTICIPATION

For the purposes of the Convention a child means every human being below the age of 18 yrs, unless under the law applicable to the child, majority is obtained earlier. Under the Participation Articles ART 12 states as follows:

"States Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given the weight in accordance with the age and maturity of the child."

The Children's Law Centre would therefore encourage The Policing Commission to carefully evaluate the views of young people and to consult directly with them in relation to changes to the Juvenile Justice Division.

As you may be aware The UK Government is due to make it's second report to The UN Committee in January 1999 on progress made on the implementation of the Convention. In signing the Convention the UK Government made a commitment that children and young people would be consulted in relation to legislation/ policy concerning them and The Children's Law Centre would hope that in an effort to value close police/community links such consultation takes place.

THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD: THE PROTECTION ARTICLES

The Children's Law Centre believes that central to the policing process should be the issue of Human Rights. We would encourage and assist with the implementation of a pilot scheme where training and implementation of suitable policies and procedures pursuant to The UN Convention on The rights of The Child could be monitored.

We have already expressed concern in respect of the age of criminal responsibility remaining at 10 and about the fact that although under The Convention a child was envisaged as being anyone under the age of 18,The Criminal Justice (Children)(NI) Order has affirmed that a young person will be treated in accordance with adult procedures and by the adult courts at the age of 17. We would consider these to be important factors to consider in relation to the shaping of policy in relation to juveniles.

At the level of general policy decisions The Children's Law Centre would recommend that the following issues are considered:

1. Policy concerning Juvenile Justice should be based on the premise of the "best interests of the child" as enshrined in The Children (NI) Order 1995 and on the principles enshrined in The UN Convention on The Rights Of The Child.

2.  Practice policy and procedures concerning young people should be in accordance with ART 2 UN Convention i.e. non-discriminatory. This article has wide ranging implications in so far as one of the areas of complaint by young people concerns harrassment.

3.  Facilities should be made available in relation to interview procedures for those children with disabilities or learning difficulties in accordance with ART 23 UN Convention.

4.  Young people should be able to participate in The Policing Commission's investigations and further research carried out to remedy the areas of concern identified in accordance with ART12 UN Convention.

5.  Training within the police force should involve extensive training in relation to the implementation of The UN Convention.

6.  A child's right to privacy should be respected throughout interview procedures in accordance with ART 12 UN Convention and the child should be interviewed in a suitable environment (ART27).

7.  A child should always be accompanied by an appropriate adult and advised of their right to legal advice in accordance with PACE guidelines and paras 11.10, 11.11 and 11.12 Pace Codes of Practice. The Children's Law Centre are concerned that Rule 42 of The Draft Juvenile Justice Centre Rules (NI), 1998 appears to be a dilution of PACE. This rule should be amended and juveniles should be allowed an appropriate adult and solicitor to attend any police interview whilst in custody.

8.  ARTICLE 37 UN Convention should be referred to in formulating policy;

"State parties shall ensure that

1. No child shall be subjected to torture or other inhuman or degrading treatment or punishment.....
2. No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort.