Independent inquiry launched into Police Scotland’s use of force on children

An official investigation has commenced into Police Scotland’s application of force against children. This inquiry, initiated by the Children and Young People’s Commissioner (CYPC), follows data indicating that minors are twice as likely as adults to experience force from law enforcement officers. Police Scotland expressed its approval of the action after quarterly statistics revealed 1,115 documented instances of force used against children between April 2023 and March 2024. These incidents encompassed various methods, including batons, spray gas, leg restraints, spit hoods, and empty-handed force. Commissioner Nicola Killean stated: “All children under 18 have the right to be treated with humanity, dignity and in a way that takes into account the needs of their age.” She further emphasized that “Children in conflict with the law must be treated first and foremost as children.” In July, Scotland became the first region of the UK to integrate a UN charter on children’s rights into its legal framework. This legislation mandates that all public authorities in Scotland, including the government, strive to safeguard the rights of children and young people and consider these rights when formulating policy decisions. The act also empowers children and young people to utilize the courts to enforce their rights. Ms Killean added: “Police need to take a human rights-based approach which treats children with care, sensitivity, fairness, and respect.” Last year, the UN advised both the UK and Scottish governments that certain forms of police force against children should be prohibited. Nick Hobbs, the CYPC’s head of advice and investigations, remarked: “The fact that children are much more likely to experience police force is of serious concern – use of force can be deeply traumatising.“ He continued: “By using the Commissioner’s powers of investigation, we will establish what further data Police Scotland holds beyond what is in the public domain.” Hobbs indicated a need for more information regarding the level or frequency of force employed, as well as factors such as age, sex, and race. Mr Hobbs further asserted: “Use of force by the state against children must be properly and fully scrutinised and that requires access to disaggregated data.” The CYPC has stated its intention to collaborate with partners through the National Preventive Mechanism (NPM) to secure enhanced protections for children involved with the legal system. Assistant Chief Constable Catriona Paton commented: “The rights of our children are at the heart of everything we do and we welcome the commission’s announcement of an investigation which focuses on this important area.” A spokesperson for the Scottish Police Authority has also expressed support for the investigation. The raw figures reported prompt numerous questions, making it challenging to draw simple conclusions from them. A primary inquiry concerns the precise age of the children against whom police force was used. Were they teenagers, perhaps even 16 to 18-year-olds who might not consider themselves children, or were many of them significantly younger? Additionally, the exact type of force applied remains a question. Crucially, the circumstances surrounding each incident are not disclosed. It is unclear whether the use of force was justifiable or excessive on each individual occasion. Without this information, it is difficult to ascertain if the problem lies with police using force against children disproportionately, or if the figures instead highlight examples of behavior that officers needed to address with force. Copyright 2024 BBC. All rights reserved. The BBC is not responsible for the content of external sites. Read about our approach to external linking.