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Police flouted child custody law Mother expecting police apology
(1 day later)
Strathclyde Police has been ordered to apologise to the mother of a 14-year-old boy who was held in custody for more than two days. The mother of a 14-year-old boy who was wrongly held in custody for more than two days has hit out at police.
A report by Scotland's Police Complaints Commissioner said the force had committed a "systemic failure" in relation to child detention rules. The Strathclyde force has been ordered to apologise to the woman over the way her son was treated.
She claims he was injured after being handcuffed by officers and called for a change in the complaints process.
Her complaint was upheld by Scotland's Police Complaints Commissioner, who said Strathclyde Police failed to abide by its own procedures.
Jim Martin's report said the force had committed a "systemic failure" in relation to child detention rules.
Officers were also criticised for failing to contact the boy's parents quickly enough.Officers were also criticised for failing to contact the boy's parents quickly enough.
His mother raised 16 complaints about the case, two of which were upheld.His mother raised 16 complaints about the case, two of which were upheld.
The report by commissioner Jim Martin said he was held for 59 hours from Saturday, 2 September to Monday, 4 September last year. Speaking anonymously to BBC Scotland, she said the treatment of her son was "appalling".
'Systematic failure' She said: "He'd been beaten to a pulp - a 14-year old-child who weighs six and a half stone. He had the imprint of an officer's boots on both shoulders, the imprint of a heel three times on his sternum and his head was split open.
"I will never condone what my son did, he admitted at the time what he had done. I would quite expect police to apprehend a 14-year-old boy who is out late at night and under the influence of alcohol but he should never have been treated like that."
She added: "I don't think the police should be allowed to investigate themselves ever again and the complaints commissioner for Scotland should have far more powers.
"The next time someone from Strathclyde Police says to me 'trust me', I'll know they're fibbing."
I believe it is appropriate that Strathclyde Police apologise to the complainer for failing to register and investigate all her complaints Jim MartinScotland's Police Complaints Commissioner
The report into the boy's detention by commissioner Jim Martin said he was held for 59 hours from Saturday, 2 September to Monday, 4 September last year.
Mr Martin said: "It is of significant concern that in considering the overall complaint Strathclyde Police failed to identify and take steps to correct what appears to be a systemic failure in relation to the detention in custody of children.Mr Martin said: "It is of significant concern that in considering the overall complaint Strathclyde Police failed to identify and take steps to correct what appears to be a systemic failure in relation to the detention in custody of children.
"It is clear to me that various Strathclyde Police officers, of various levels of seniority, were operating with an incorrect understanding of the force's standard operating procedure relating to the detention in custody of children."It is clear to me that various Strathclyde Police officers, of various levels of seniority, were operating with an incorrect understanding of the force's standard operating procedure relating to the detention in custody of children.
"The issues arising from this complaint provide a broader learning opportunity which Strathclyde Police should embrace.""The issues arising from this complaint provide a broader learning opportunity which Strathclyde Police should embrace."
The commissioner said his findings would be referred to Her Majesty's Chief Inspector of Constabulary who is conducting a review of the detention of children in custody.The commissioner said his findings would be referred to Her Majesty's Chief Inspector of Constabulary who is conducting a review of the detention of children in custody.
Criminal offences
Two of the mother's complaints were upheld and Strathclyde Police has been asked to provide written responses to five others, including a claim involving the removal of the child's trousers.Two of the mother's complaints were upheld and Strathclyde Police has been asked to provide written responses to five others, including a claim involving the removal of the child's trousers.
I believe it is appropriate that Strathclyde Police apologise to the complainer for failing to register and investigate all her complaints Jim MartinScotland's Police Complaints Commissioner
The Commissioner ruled that the child should not have been held for so long as he did not fit the detention criteria under the Criminal Procedure (Scotland) Act 1995 or Strathclyde Police's standard operating procedure.The Commissioner ruled that the child should not have been held for so long as he did not fit the detention criteria under the Criminal Procedure (Scotland) Act 1995 or Strathclyde Police's standard operating procedure.
The commissioner also upheld the complaint that police failed to contact the boy's parents "within a reasonable time period".The commissioner also upheld the complaint that police failed to contact the boy's parents "within a reasonable time period".
Two complaints involved allegations of criminal offences that have been considered by the local procurator fiscal, he added.Two complaints involved allegations of criminal offences that have been considered by the local procurator fiscal, he added.
The commissioner concluded: "I believe it is appropriate that Strathclyde Police apologise to the complainer for failing to register and investigate all her complaints."The commissioner concluded: "I believe it is appropriate that Strathclyde Police apologise to the complainer for failing to register and investigate all her complaints."
The Police Complaints Commissioner for Scotland was established in 2006 in order to review the way police handle complaints from the public.The Police Complaints Commissioner for Scotland was established in 2006 in order to review the way police handle complaints from the public.
Mr Martin became the first person to take up the role in April and has received more than 130 enquiries and complaints about police forces, authorities and related agencies.Mr Martin became the first person to take up the role in April and has received more than 130 enquiries and complaints about police forces, authorities and related agencies.
A spokesman for the Association of Chief Police Officers in Scotland (ACPOS) said: "The comments made in each of the cases reviewed by the PCCS will be reviewed by the forces concerned and responded to in due course."A spokesman for the Association of Chief Police Officers in Scotland (ACPOS) said: "The comments made in each of the cases reviewed by the PCCS will be reviewed by the forces concerned and responded to in due course."