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This commentary examines the decision in R (HC) v Secretary of State for the Home Department that the exclusion of 17 year olds from the special protections conferred on all other children whilst in police detention was unlawful. It sets out the protections afforded to children whilst detained by the police, and considers in particular the Court’s focus on the parent-child relationship and thus the use of Article 8 to give effect to the child’s youth justice rights.

Bright Lines and Best Interests: Children, Age and Rights in Police Detention: R (HC) v Secretary of State for the Home Department