Probe launched into Police Scotland's use of force against children

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An investigation has been launched into Police Scotland after data revealed children in Scotland are twice as likely to experience use of force by officers than adults. The Children and Young People’s Commissioner (CYPC) has launched the probe, stating Scottish Police Authority (SPA) figures found that youths were more likely to experience the use of force.

Police Scotland files quarterly reports on use of force, with figures showing that in 2023-24 there were 1,115 uses of force against children. Their definition of force ranges from the use of batons, spray gas, leg restraints, spit hoods, and empty-handed force, where officers are not using tools such as batons. The use of tasers and strip searching is reported separately.

The CYPC said the data, while relatively high, is limited, and some categories cover a wide range of techniques, each with different rights impacts on children. The investigation was launched on Wednesday, which is also World Children’s Day.

The CYPC says a series of recommendations will be provided to Police Scotland once the investigation is complete. Launching the investigation, CYPC commissioner Nicola Killean said: “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.

"Children in conflict with the law must be treated first and foremost as children. This year, the United Nations Convention on the Rights of the Child (UNCRC) came into law in Scotland.

“Police need to take a human rights-based approach which treats children with care, sensitivity, fairness, and respect. Our investigation will review the data held by Police Scotland and after analysis, we will publish a set of recommendations.”

Nick Hobbs, head of advice and investigations for the commissioner’s office, added: “The fact that children are much more likely to experience police force is of serious concern – use of force can be deeply traumatising. By using the Commissioner’s powers of investigation, we will establish what further data Police Scotland holds beyond what is in the public domain.

“For example, we simply do not know much about the level or frequency of force used, as well as factors such as the child’s age, their sex, race, and whether they are disabled or care experienced. Use of force by the State against children must be properly and fully scrutinised and that requires access to disaggregated data.”

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Last year, the UN advised the UK and Scottish Governments to ban some forms of police force against children. The CYPC says it will work with partners through the National Preventive Mechanism (NPM) to secure better protections with children in conflict with the law. The NPM is a human rights organisation to prevent the ill-treatment of people.

Assistant chief constable for Policing Together Catriona Paton said: “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.”

The Scottish Police Authority was approached for comment. The UK and Scottish Governments were also contacted for comment.

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