Criminal Justice and Immigration Bill
7:05 pm
Lord Ramsbotham (Crossbench)
moved Amendment No. 85:
After Clause 58, insert the following new Clause—
"Looked-after children in custody
Assistance for looked-after children in custody
After section 61A of the Criminal Justice Act 1991 (c. 53) insert—
"61B Assistance for looked-after children in custody
(1) This section applies to—
(a) a child looked after by a local authority who is taken into custody;(b) a child or young person being held in custody who was previously being looked after by a local authority;(c) a child or young person who has been released from custody but who was, prior to his or her detention, being looked after by a local authority; and (d) a child or young person—(i) who is of a description prescribed by regulations made by the appropriate national authority; and(ii) in relation to whom the regulations impose the duties in this section on a local authority.
(2) It is the duty of the local authority—
(a) to appoint a person who shall act as the caseworker to the person to whom this section applies;(b) to arrange for appropriate advice, support and assistance to be available to a person to whom this section applies.
(3) The caseworker appointed under subsection (2) must, so far as is reasonably practicable, be a person who is acting as a caseworker for the relevant person prior to that person being taken into custody.
(4) The caseworker shall have a duty, so far as is reasonably practicable—
(a) to maintain an ongoing relationship with the young person in custody; and(b) to advise and assist him with a view to promoting his welfare.
(5) The duty contained in subsection (4) shall, so far as is reasonably practicable, continue after the young person has left custody.
(6) The duty contained in subsection (2)(b) only applies to a young person over 18 years of age if that person seeks the relevant advice, support or assistance.
(7) The duties imposed by subsections (2), (4) and (5)—
(a) are to be discharged in accordance with any regulations made for the purposes of this section by the appropriate national authority;(b) are subject to any requirement imposed by or under an enactment applicable to the place in which the person to whom this section applies is held in custody.
(8) Regulations under this section for the purposes of subsection (7)(a) may, in particular, make provision about the frequency of visits by the caseworker to the young person in custody and upon his release from custody.
(9) In choosing a caseworker the local authority must satisfy themselves that the person chosen has the necessary skills and experience to perform the functions of a caseworker under this section.
(10) In this section—
"held in custody" means held in detention by the police, prison service or other court authority and "taken into custody" and "released from custody" shall be construed accordingly;
"the appropriate national authority" means—
(a) in relation to England, the Secretary of State; and(b) in relation to Wales, the Welsh Ministers.""