Arrest and Detention of a Youth

If a young person is aged 17 or younger, the law classifies them as a youth or juvenile. When considering the arrest of a youth, police officers must believe that the child is committing an offence, about to commit an offence or is suspected to have committed an offence.  

In cases involving youths, consideration should be given as to whether an arrest is necessary. In cases where a youth is suspected to have committed a crime and there is no risk or necessity to preserve evidence, it may be more appropriate to invite them for a voluntary interview. 

When a person is arrested it is recorded within the Police National Computer (PNC) and can be disclosable on a Disclosure Barring service (DBS) check in the future. These records can affect a person’s ability to secure employment or even attend university. This should be taken into consideration by police when determining whether it is necessary to arrest a young person.  

The treatment of a youth when arrested and in police custody is governed by both UK Law and the UN Convention on the Rights of the Child (UNCRC).  

Youths at the police station 

Police have special duties and obligations in relation to youths that do not apply to adults. 

Police should contact the young person’s parent or guardian as soon as possible to inform them that the young person has been arrested. It may be that the parent or guardian is required to attend the police station as an appropriate adult.  

The role of the appropriate adult is to ensure the rights and entitlements of the young person are protected by sitting in the interview and ensuring that police act fairly towards the youth (they will not be required to give legal advice).   

If the parent or guardian cannot attend, the police will aim to secure the attendance of a family member, or someone closely connected to the child. The appropriate adult must be over 18 with no convictions. If there is not anyone closely connected to the youth available to attend the police station an appropriate adult from the scheme will be present.  

Police can detain a youth for 24 hours before charge, but they must ensure that the young person is dealt with promptly and held in a cell for as little time as possible. A youth should be detained for no longer than is required, and they should not be held overnight unless absolutely necessary. Police must also ensure that the young person returns home safely after release from custody.  

After arrest the youth will be brought before the custody sergeant and it will be explained why they have been arrested. They will be searched and their fingerprints and DNA will be taken.  

Everyone has a right to free and independent legal advice at the police station. The Youth will be asked if they require legal advice either through their own named solicitor or the duty solicitor. Police will normally consider the wishes of parents in relation to legal representation.  

It is imperative that all individuals being interviewed at a police station have legal representation.  

Once the solicitor arrives at the police station the youth will have the opportunity to discuss in a private consultation the circumstances leading to their arrest. The solicitor will explain the procedure, the elements of the offence for which the young person has been arrested, the evidence the police have and whether there is a defence. The solicitor will then advise on the best course of action for interview. It may be that the solicitor asks the appropriate adult to sit out of the private consultation until the wishes of the young person in relation to the appropriate adult have been ascertained. 

The police interview  

Following consultation with a solicitor the young person will then be interviewed by the police under caution. They will be asked a number of questions about their involvement in the alleged offence for which they have been arrested.  

The appropriate adult will sit in the interview alongside the solicitor to continue ensuring that the young person’s rights and entitlements are protected. The solicitor will take a note of the interview and protect the young person’s legal rights throughout. 

The responses of the youth will be recorded on tape whether or not they answer questions or provide a no comment answer. The tape may be used as evidence in court should the matter proceed that far.  

What will happen after interview?

Following the interview the officer who has been assigned the case and the custody sergeant or CPS will decide what to do next. The potential outcomes of the arrest and interview are as follows: 

• They may make the decision to charge the young person if they believe there is a reasonable prospect of conviction and that it is in the public interest to do so.  
• They may release the young person subject to police bail or release under investigation (RUI)  pending further enquiries.  In such cases it may be appropriate to consider the benefits of pre-charge engagement.
• They may decide it is appropriate to give the young person a youth caution 
• They may consider other out-of-court disposals (alternatives to prosecution) such as restorative justice 
• Or they may find it appropriate to take no further action.  

Contact Olliers Solicitors – specialist Youth Crime Lawyers 

At Olliers we specialise in representing children and young people. We receive referrals from all over the country to deal with children and young people who are either under investigation by the police or who are already charged with criminal offences. 

If you need legal representation for your child or loved one, please contact us to discuss how Olliers can advise and represent them. Telephone us on 0161 8341515 (Manchester), 022 3883 6790 (London), email info@olliers.com or complete the form below and we will contact you to discuss how Olliers can proactively represent your child.