What happens if my child is arrested?
In theory children can be arrested from as young as ten years old. This is the age at which they legally become responsible for their criminal actions. But, any arrest must be ‘necessary’. If it is not necessary, they should be asked to attend the police station voluntarily. This means without being arrested.
If a child has been arrested, they will be taken to the police station. At this point, the police must ensure:
- the child’s parents know where they are and why.
- an 'Appropriate Adult' has been appointed for the child. The Appropriate Adult can be a parent, a social worker or another responsible person over the age of 18.
- the child is kept away from other adults in the police station. This means other than police officers, Appropriate Adults and medical professionals
- the child is not placed in a police cell. They should only be in a cell if no other secure accommodation available, and they cannot be supervised outside of a cell.
- girls are looked after by a female police officer.
Children that have been charged with a criminal offence and remanded to go to court, they must be unless certain criteria apply taken to local Authority accommodation and out of the police station and that's because there's a recognition that the police station is somewhere children shouldn't be wherever possible and that certainly shouldn't be held overnight in police cells. Understanding the different framework for children is really important
Do we need to get legal advice?
Some children or adults may feel that a lawyer is not needed. Particularly if the child is not guilty of the matter for which they have been arrested. They might also worry that a lawyer will be expensive. But, if a child doesn’t get legal representation, they and their parents / guardians might miss out on key protections. This includes knowing:
- the child's rights and making sure they are being adhered to
- where lines of questioning in an interview may be going.
- When these lines of questioning might be inappropriate
- the technicalities involved in being in a police station
- who to make representations to in the police station, if needed.
Representation at the police station is free and it can be extremely beneficial to the child.
If you are looking for a lawyer, you can search on the Law Society website for a criminal lawyer who specialises in youth justice. You can also ring around criminal law firms in your local area. They will be happy to attend.;
There are lots of reasons why getting legal advice as soon as possible will be best for the child. Some more of which are set out below.
Disclosure
One plus side of instructing a lawyer is that they will be given disclosure. Disclosure means more information. This usually includes:
- the reasons for the child’s arrest
- the information the police hold on the allegations against the child.
This information will not be given to an Appropriate Adult. Even if that person is the child’s parent. It also won’t be given to the child.
This information can then be used to explain to your child:
- what the police say they have done
- how the relevant criminal law applies to them
- any defences they may have
- the options available to them
- the process of being in the police station and what may happen afterwards.
Representing the child’s best interests
It is important to ensure that the lawyer instructed is an expert in youth justice. A lawyer who specialises in youth justice will understand:
- how to communicate with children and young people
- the factors that have led to them being in the police station;
- how to find out about the child’s vulnerabilities. This means things like neurodiversity, or exploitation. These things may need to be addressed. This could be while they are being interviewed, while they are detained at the police station or afterwards at court
Interview representation
Anything that the child says in the course of a police interview can be used in court as evidence. It is important to ensure that the interview goes as well as possible. It should be in the best interests of the child. Taking the right approach in the course of the interview can be crucial in deciding if the child is charged or not.
A youth justice lawyer will be focussed on doing everything they can to ensure that the child is not criminalised and avoids a criminal record. They are best placed to advise on, and push for, alternative disposals for the case. This could be a youth caution.
Can I represent my child if they are accused of a crime?
It is usually best to get legal advice for a child accused of a criminal offence. Although an Appropriate Adult will be appointed for the child (whether that be a parent, guardian or social services) they will often not have the same understanding or experience that a lawyer will have in the same situation.
Anything said to a lawyer is protected by Legal Professional Privilege. This means that a lawyer cannot repeat any of the discussions between them and the child. It doesn't matter who asks, unless that child tells them that they can. This is not the same for an Appropriate Adult, who is not a lawyer and who can be questioned about what the child has told them. They could even be placed in a position where they are asked to give evidence against the child at court.
Unfortunately, parents acting for a child will often think that their child will not be charged. They think that an apology will bring an end to matters, and are shocked when this is not the case. The outcome of a police investigation can affect the child’s criminal record, and even their future. It is important to make sure that they have every protection they can. A lawyer can help to ensure that the child is being advocated for. They can make sure the welfare of the child is that the forefront of the minds of all those involved.;
That is not to say that a parent has no role to play. It is really important that the child’s parent or guardian lets the police, lawyer and anyone else involved know of any vulnerabilities that the child may have. This could be learning difficulties, communication difficulties, or anything else that may affect how they cope with being in a police station or being interviewed. This will allow for any appropriate or necessary adjustments to be made.
You will also be able to support your child. This could be emotionally or to understand the questions that are being asked of them.
The purpose of the youth justice system is to try to prevent (re)offending. It is not to criminalise children further than is necessary by drawing them into the criminal justice system. Your knowledge of your child, alongside the expertise of a youth justice lawyer, will give your child the best chance to ensure the best outcome.;
There is obviously a number of safeguards technically in law in that children are entitled to an appropriate adult in the police station. So often, very often that'll be maybe a social worker or a parent will come down. The difference with a lawyer is that lawyers are subject to legal professional privilege.
That means anything the child tells you is privileged and they can't tell anyone else. And so that's not the case with appropriate adults or anyone else. So if a child, you know, ends up telling a parent, you know, what's happened, or telling them, admitting something to a parent, they technically could be asked to give evidence in court if that went to court so they could actually end up having to give evidence against their own child.
What happens next
Once the child has been interviewed, there are four things that could happen next. The child may:
1. be released with No Further Action. This would bring an end to the criminal proceedings.
2. receive an out of court disposal. This is also called a diversion from the criminal justice system. It could take the form of a youth caution or a community resolution. These would also bring an end to the criminal proceedings.
3. be charged with a criminal offence, and either:
- remanded into custody (held by the authorities) to appear at court at the first available opportunity. This is usually the following day. If the child has to stay overnight, they must be taken to local authority accommodation outside of the police station.
- be bailed and released from the police station to appear at Court or the police station at a date in the near future. The bail may have conditions attached to it. This could mean living and sleeping at a specified address, or not contacting certain individuals related to the offence. That could be victims, witnesses or co-defendants. There are time limits to how long a person can remain on bail. These will be known to a lawyer specialising in youth justice.
4. be released under investigation. This means that the investigation is ongoing but there is no need for them to be placed on bail. They may get a letter telling them that they have been charged with a date when they need to attend court.
If the child is bailed or released under investigation, and they have not had representation in the police station, this is the time to seek out representation from the youth justice lawyer. Especially if you know that the child will be charged.
Going to court
You can read more about attending court as someone aged 18 and under.
Once a child has been charged, they will have to attend court for a first appearance. For most children, this means they will attend the Youth Court. This will only be different where they are jointly charged with an adult. In this case they will attend the Magistrates’ Court. If the case is particularly serious, they can be transferred to the Crown Court.
Most cases are heard in the Youth Court. This is a more child friendly environment for your child’s case to be heard. It is a closed court. There will be no members of the public allowed in. The youth justice service will be present in the role of probation.
Your child will attend court with their parent, guardian or other suitable representative. It’s important that a solicitor is appointed to discuss the case papers with the child. They should ensure they understand the offences. The child should also understand any potential defences and the court process. As the first hearing is the one where the child is typically asked to enter a guilty or a not guilty plea, it is very important that they have appropriate advice. They should understand the process and what will happen.
Having a solicitor present will also ensure that if a plea cannot be entered for any reason, that the court is aware and that the matter is adjourned. It may be that further information is required, the child needs to be assessed, or an expert needs to be instructed.
There may also be concerns over the child’s level of understanding of the process. Or if they need some measures in place to ensure that they are able to participate in the process. A solicitor can help with this.
How much will it cost?
Children are almost exclusively entitled to free representation in criminal proceedings. This happens through the legal aid system. A solicitor can send you the forms in the post. You can also complete them at a solicitor’s office or at Court. It is advisable to get the forms completed in advance of the hearing. This will allow time for legal aid to be granted and for the solicitor to be instructed ahead of the hearing.
If it is the case that an expert is required, legal aid can be extended to cover these costs. Whether it’s to do with the facts of the case, or because the Court requires an assessment by a professional such as a psychologist. Your solicitor will know how to apply for funding. They can instruct the expert.