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Policing and Crime Bill

My Lords, the noble Earl makes a good point in terms of training. I am very happy to write to him on this issue. It is important that we should think more about it—I am not sure exactly what thought has been given as to how that should be done—but it makes sense, because there are lots of risks, dangers and pitfalls. The aim, ideally, is to make these youngsters understand the slippery slope that they are on and to realise what the issues are. We should use an integrated approach to try to get them off this and make them become proper members of society. Amendment 111A amends the clause so that a constable must have regard to the welfare and safety of an individual aged under 16 when issuing him with a direction to leave. I understand the intentions behind the amendment. I mentioned earlier that we would always want the police to have regard to a child’s welfare, and that is why such things as training are important and is why the existing guidance on directions to leave makes it clear that the police should be mindful of their existing statutory obligations under the Children Act 2004. Under that Act, the police must ensure that, ""their functions are discharged having regard to the need to safeguard and promote the welfare of children"." This applies to all the police functions, including when issuing a direction to leave. Our guidance suggests ways in which the police can fulfil this duty, such as by ensuring that vulnerable children are referred to the relevant service for a common assessment, that the police use their powers to take children into protective custody when appropriate, and that the police work with partner agencies in the criminal justice system to divert children away from crime and/or away from custodial sentences when community-based sentencing is most appropriate. The guidance will of course be updated should this clause become law. The amendment is unnecessary because the police already have obligations under the Children Act and guidance on protecting young people when issuing directions to leave.