11-year-old boy stripsearched and locked up in Hobart

The case of an 11-year-old boy who was stripsearched and locked in a cell at an adult prison after being fake-arrested by an off-duty police officer has been described as “very disturbing”.

Hobart Reception and Remand Prison in Liverpool St.

THE case of an 11-year-old boy who was stripsearched and locked in a cell at an adult prison after being fake-arrested by an off-duty police officer has been described as “very disturbing”.

Police confirmed their professional standards unit was overseeing an investigation into the January 14 incident, which was the result of the female officer’s belief that the 11-year-old should “experience what it would be like to be arrested”.

As revealed exclusively on the Mercury’s website yesterday afternoon, she is alleged to have taken the boy and another family member to the Hobart Remand Centre in Liverpool St, where staff were led to believe the arrest was real.

He was then stripsearched “in accordance with … protocol” and locked in a cell.

In a statement issued to the Mercury, Police Deputy Commissioner Scott Tilyard said it took less than 20 minutes for the police custody sergeant on duty to intervene in the incident.

“It is alleged that, at the request of the boy’s extended family, the female officer accompanied him and another family member to the Hobart Remand Centre on January 14, 2019, in an attempt to curb the boy’s reportedly poor behaviour,” Commissioner Tilyard said.

“Once the police custody sergeant became aware of the boy’s presence he was immediately released. He was in the remand centre for under 20 minutes. A senior police officer attended and immediately commenced an investigation. The investigation is ongoing.”

The Mercury understands the police officer involved approached the Police Association of Tasmania for assistance and advice in the past fortnight.

Deputy Commissioner Scott Tilyard. Picture: SAM ROSEWARNE

Prisoners Legal Service chairman and senior barrister Greg Barns said the fake arrest was a “very disturbing” breach of police powers.

“This is an extraordinarily wrongful arrest and detention,” he said.

“This is not the first occasion this year where a child has been unlawfully detained in adult custody. The Children’s Commissioner needs to be very proactive in ensuring this unlawful practice does not reoccur.

“Children and their families are entitled to know that Tasmania Police will not act unlawfully when it comes to dealing with them.”

Mr Barns said the incident also highlighted the fact that Tasmania was continuing to “breach international law and best practice” by stripsearching and detaining children in police stations or other adult detention facilities.

President of the Law Society of Tasmania Evan Hughes said while it was not appropriate to comment on this case, children should be able to see police officers as protectors, not punishers.

“It’s very important that young people feel like they can approach a police officer as a figure of safety and protection when they need assistance,” Mr Hughes said.

“Anything that undermines that trust is bad. A good relationship between Tasmania Police and the community is sustained on a series of important and fundamental safeguards that must be respected and observed.”

Labor police spokesman Shane Broad said every Tasmanian who hears the allegations should be “horrified”.

“This is simply not OK in a modern Tasmania and it undermines all the good work of other police officers,” he said.

“The Police Minister Mr Ferguson needs to immediately condemn this behaviour and explain to Tasmanians how this can be allowed to occur on his watch.”

Mr Ferguson said any disciplinary action was an operational matter for Police Commissioner Darren Hine.

“These allegations, if found to be true, are not to the standard expected of police officers,” Mr Ferguson said.

“I have the utmost confidence that the Commissioner of Police will fully consider the outcome of the investigation once concluded and take appropriate action. Mr Broad’s comments show his contempt for the way police matters are investigated and disciplined.”

The Police Association and Commissioner for Children and Young People Leanne McLean were contacted for comment but both declined.

A Department of Justice spokesman said any person coming into the custody of the Tasmanian Prison Service was stripsearched as part of the reception process and in accordance with the Directors Standing Order, which states searches are done “in order to maintain the safety and security of the prison and prevent suicide, self-harm and contraband from entering”.

A partially redacted copy is publicly available at justice.tas.gov.au.

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