Can a child be arrested and interviewed by Police?
In England and Wales, children above the age of 10 can be arrested, detained and interviewed by the Police. This is referred to as the age of criminal responsibility. When a child is arrested, the Police have a duty to inform the child’s parent or guardian of their arrest as soon as possible.
What are children’s rights when arrested by the Police?
If a child is arrested, they can be lawfully detained at the Police Station. However, there are rules on how children must be treated at the Police Station, which differs from the guidelines for adults.
The rights for children who have been arrested are as follows:
- The police must tell the child’s parent or guardian that they have been arrested, why they have been arrested and where they are detained.
- Children have the right to an appropriate adult to support them at the Police Station. Children can ask to speak to their appropriate adult privately at any point.
- Children should be kept separate from adult detainees when at the Police Station or in transport. They should never share a cell with an adult or travel in a vehicle with an adult other than a Police Officer.
- Children who have been charged with a criminal offence should not be held at the Police Station overnight and should instead be transferred to local authority accommodation.
- Girls should always be looked after by a female police officer.
Can a child be arrested without a parent present?
Yes, a child can be arrested without a parent or guardian present. However, the Police must ensure that they are upholding the child’s rights by informing a parent/guardian of their arrest and the reason for their arrest as soon as possible.
When at the Police Station, the Police must secure an appropriate adult to accompany and support the child through the proceedings.
What is an appropriate adult?
DEFINITION
Appropriate Adult
A responsible person over the age of 18 who will provide support to children or vulnerable adults who have been detained at the Police Station or are being interviewed by the Police.
The role of an appropriate adult is to:
- Support the child/vulnerable adult during Police interview
- Make sure that the child/vulnerable adult understands their rights
- Bridge communications between the arrested person and the Police
- Assist in securing legal representation for the arrested person
An appropriate adult is not authorised to give legal advice to an arrested person. If a child has been arrested, it is essential to seek out legal representation from a specialist youth solicitor immediately.
Who appoints the appropriate adult?
The person who is being detained can choose who is appointed as their appropriate adult or in some cases the appropriate adult is appointed by the custody sergeant.
An appropriate adult can be:
- Parent/guardian
- Family member
- Friend
- Social worker
- Trained appropriate adult
A parent/guardian is not eligible to be an appropriate adult to a child in situations where:
- They may be the victim or witness to the alleged offence,
- They are involved in the investigation of the alleged offence,
- They are estranged from the child and/or
- The child objects to their presence.
When is an appropriate adult required to be present?
When at the Police Station, an appropriate adult should always be present when a child is:
- Strip-searched
- Fingerprinted
- Photographed
- Providing a DNA sample
- Having any sample taken
- Taking part in any form of identification procedure
What happens after a child has been arrested?
After a child has been arrested, detained and interviewed at the Police Station, there are several potential outcomes. The specific outcome is dependent on the nature of alleged offence, the child’s background and any history of offending, and the risk of reoffending.
These options include:
1. No Further Action (NFA)
If the Police decides that there is insufficient evidence to make a charging decision or they believe it is not in the public interest to continue with proceedings, they may decide to take no further action. This will bring criminal proceedings to an end.
2. Out-of-court disposals
An out-of-court disposal (OOCD) is an outcome designed for children who have committed a criminal offence to divert them away from the criminal justice system. This approach aims to prevent reoffending without court involvement. Types of OOCDs include:
- Youth Cautions
- Youth Conditional Cautions
- Community Resolutions
- Referral to the Youth Justice Service (YJS)
Learn more about these OOCDs and what they involve here.
3. Charged with a Criminal Offence
If the Police and Prosecution believe they have sufficient evidence to result in reasonable prospect of conviction and that it’s in the public interest, the child may be charged with the offence. After being charged with an offence, there are two possible options:
- The child may be released on bail. This will likely be with specific conditions, such as restricting their entry into certain locations or avoiding contact with certain individuals. The child will remain under these bail conditions until they are required to attend court at a later date. Learn more about what happens on Police bail here.
- The child may be remanded into custody. If the offence is more serious or if there are concerns about the child’s safety or reoffending, they may be held in secure accommodation before appearing in court.
At a specified time, the case will proceed to the Youth Court, which is a specialised court designed specifically for children. Only the most serious youth cases will proceed to the Crown Court.
4. Released Under Investigation (RUI)
This means that the child will be released while the Police continue with their investigation. This is not the same as being released on bail, as with RUI there are no restrictions or obligations to return. The Police may still be in contact at a later date with a charging decision, to release with NFA or to offer an OOCD. Find out more about what it means to be RUI here.
Court Outcomes
If a child is charged and subsequently convicted of a criminal offence, there are several sentencing options that are available. These options may include:
- Discharges (NFA but a criminal record is created)
- Fines
- Referral Orders
- Youth Rehabilitation Orders (YROs)
- Custodial Sentences
The Youth Justice System will prioritise the rehabilitation of children and their diversion from the criminal justice system. However, a childhood conviction and a criminal record can have long-term consequences, affecting education and employment. It is therefore essential to seek out legal representation as soon as possible to ensure the best possible outcome.
For more detail on youth sentences, what they involve and when they may be imposed, see here.
When should you contact a solicitor?
As soon as you learn that a child has been arrested, you should immediately seek legal advice from a specialist youth justice solicitor. Children do not have to pay for legal representation. It is essential that the arrested child does not speak to the Police or answer their questions without first consulting a legal professional.
At Lawtons, we have a team who specialise in Youth cases and are experienced in dealing with children who have come into contact with the criminal justice system. If you’d like to speak to a member of our specialist team, call us on 0333 577 0522 or visit our enquiries page.
FAQs about children being arrested
What is the Youth Justice Service?
Will an arrest go on a child’s criminal record?
What happens if a child breaches their bail conditions?
What is secure accommodation?
