Home > Civil Rights & Law > Rights If Your Child is Arrested

Rights If Your Child is Arrested

By: Garry Crystal - Updated: 21 Jul 2018 | comments*Discuss
 
Child Arrested Rights Police Criminal

There are a number of rights that apply specifically to children under the age of 17 who are arrested. Parents should be aware of these rights that begin as soon as the child is arrested.

Child Arrest in the UK

Just over 200,000 children are arrested in the UK each year, according to Home Office statistics. The average age of the children arrested is between 10 and 17 years old. Children at this age will usually not be aware of their rights when arrested. It is important that parents, guardians and anyone who is responsible for children know the rights children have when arrested. These rights begin when the child is arrested and continue to the court proceedings stage.

Informing a Parent When a Child Is Arrested

If a child is arrested for committing a criminal offence and they are under 17, the police must inform the parents as soon as possible. Children who are arrested should be made aware of their rights when they are first brought to the police station. One of these rights will be that a parent or guardian can be informed of the arrest straight away. Children under the age of 17 also have the right to have an adult present at the police station. Children should also be allowed to talk to this adult in private if they wish to do so.

Children’s Rights and Police Interviews

The police should not begin interviews if the child has requested that an adult such as a parent is present. If no adult is present the police may interview the child under certain circumstances. It may be the case that delaying an interview would mean that further crime could be committed such as harm to another person. If this is the case then the police may well interview the child in the presence of an appropriate adult. Steps should be taken first to contact the child’s parent before the interview takes place.

Detention Time Limits at a Police Station

If the police believe a child has committed an offence they can hold the child for 24 hours. But this is not the maximum time period a child can be held for. A further 12 hours can be added to the 24 hour period if the crime committed is of a serious nature. The police can actually ask the court for an extended period of detention. But this extended period cannot be longer than 96 hours before the child is charged with an offence.

Searches at the Police Station

The police do have the right to search a child under the age of 18 at the police station. If all clothing is to be removed during the search an adult of the same sex must carry out this search. Intimate searches can only be held in private where no one else can see the search. The child does have the right to have an adult such as a parent present during the search. This search can be conducted at any time whilst the child is held at the police station.

Obtaining Fingerprints from Children

The police can take fingerprints and photographs if the child is over 16. If the child is under 14 the police will need permission from the parent to proceed with fingerprinting. Children aged 15 and 16 will need to agree along with the parent’s agreement for fingerprinting to take place. Children over the age of 16 will be required to submit to fingerprints and photographs even if they have not agreed.

Intimate Samples Taken By the Police

If the police are intending to take hair and saliva samples then they must have the agreement of the child and parent if no charges have been made. If charges have been made then these samples can be taken without agreement from the child or parent. Blood and urine samples cannot be taken unless both the parent and the child have agreed to this. Even if the child has been charged they cannot be forced to give these intimate samples.

Children Under 17 Years and Court Proceedings

If a child is 10 years old then they cannot be charged with an offence and taken to court. Children over 10 years old but under 17 years will be treated as a young offender and criminal cases will be dealt with by the youth courts. If the child has committed an offence and an adult was also involved then the court proceedings can be held in either the magistrate’s or the Crown courts.

The expertise of a legal advisor should always be sought if a child has been arrested. The Children’s Law Centre will be able to provide free help and advice to parents of children who have been arrested or charged with a criminal offence. Learn about stop, search and arrest rights, here.

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[Add a Comment]
My son is 10 an has a few different disorders he's got adhd an odd an he's kicking off big style I don't know what to do I rang my worker an they don't help us as a family I have 2 younger children an one has just got to her nans she is that scared as she see my 10 yr old hid me ..he's so strong am very aggressive do I get the police to help.... Mum in need
P - 21-Jul-18 @ 8:42 PM
I'm 13 and my friends and I made a small bonfire in a park today. It was completely harmless and controlled. We had water ready for if it got out of order. The police turned up and asked for our details. I lied about my age and gave them my mums boyfriends address. my friend had a fire extinguisher she found, it was empty but the police assumed we wanted to test it out and so we made the bonfire. That was untrue and i'm not really scared that i could get into trouble for the bonfire or for lying about my age and adress. help
helloitsme3883 - 16-Jul-18 @ 12:21 AM
I'm 12 and I accidently tripped and knocked the phone out a girls hand. It was very slightly cracked only in the corner but she demanded I pay. I refused to give her £46 in cash and wanted to either receive a receipt or be sent a bill. She became very angry when I suggested that but I said that's the only way I would pay (she is also 12) she said she didn't have the money to pay temporarily untill I paid despite the fact she just bought herself a new iphone7. I told her I would only pay by receipt or bye bill and then she told me she would call the police and have me arrested despite the fact I kept saying I was very willing to pay full (or half as we originally agreed). Can she actually get me arrested or is she just trying blackmail techniques and intimidation on me?
Lucia - 10-Jul-18 @ 9:41 AM
My son is 12 and Iam waiting on the police to come out to see him he had a fight but got the better of the boy but it ended up with the other boy in hospital... Iam so disgusted at my son but what could happen to him?
Lousie - 12-Jun-18 @ 10:57 AM
My step daughter is 15 and out of control..she was arrested lastnight having assulted her mum.The daughter is under social services too and very dangerous.Me and her dad cant have here as we have a young child too.If no family member want to take her in could my partner be made to have her and also what happens if she is charged (done this numerous times but nothing has happened)
Stressed - 5-Jun-18 @ 10:03 AM
Hi, my daughter is 17, 18 in July, and has been suspended from her work along side another girl. It involves money going missing when it was meant to go to the bank. What will happen if my daughter is proven guilty and will be sacked from her work?
Graceadamou_ - 24-May-18 @ 12:11 PM
Titchy - Your Question:
My son has attacked me and other people and has destroyed our home with damages how can they prosecute a 10 yr old my son I’m confused

Our Response:
The age of criminal responsibility in England and Wales is 10 years old. Children between 10 and 17 can be arrested and taken to court if they commit a crime. They are treated differently from adults and are
dealt with by youth courts
given different sentences
sent to special secure centres for young people, not adult prisons
CivilRightsMovement - 18-May-18 @ 12:53 PM
My son has attacked me and other people and has destroyed our home with damages how can they prosecute a 10 yr old my son I’m confused
Titchy - 17-May-18 @ 12:26 PM
My son is 16 and doesn't follow any rules in the household. Also starts fights with his siblings over nothing eg she glances at him and he starts a fight with her. What can I do... police refuse to do anything and social services won't do nothing cos he is over the age of 16.
G - 10-May-18 @ 9:55 PM
S - Your Question:
Hi, my nephew 14 video me in bath, he’s broken my trust and I’m so worried he has done this before even if not to me what can I do? Pls help

Our Response:
Talk to him. Tell him he could be in serious trouble with the police and that it will affect his lift and career choices in the future. Get him to talk and establish whether he's done this before. If so, you need to consider whether to tell the police or not.
CivilRightsMovement - 17-Apr-18 @ 11:54 AM
Hi, my nephew 14 video me in bath, he’s broken my trust and I’m so worried he has done this before even if not to me what can I do? Pls help
S - 16-Apr-18 @ 1:44 PM
Can I get arrested for an acid attack, if so what will happen to me?
unicorn_lover13 - 12-Apr-18 @ 1:59 PM
Hi so my son is 11 and was holding weed for one of his friends at school, he watched some kids and one child told. He got arrested and is charged with a class 6 felony. We are waiting for the school hearing and a court date. Just wanted to know what I should do?
Chey - 22-Mar-18 @ 9:09 PM
Angela- Your Question:
Hi,My daughter is 17, 18 in July. She is addicted to cannabis and has been diagnosed with emotional dysregulation. She is emotionally and verbally abusive to me regularly and also violent in the home. Recently she destroyed a door in my rented home. Can I have the police remove her if she is screaming threats at me and can I have the police remove her if she damages the home? Any help here would be appreciated as it's been going on for some years now and it's really affecting my own wellbeing.Thanks.

Our Response:
If you fear that you will harmed, the police should be able to help. They may try and find other family members to place her with as she's only 17. There are organisations that can help, such as the Family Lives Helpline or Addaction . Your GP or Citizens' Advice may be able to help.
CivilRightsMovement - 19-Mar-18 @ 10:33 AM
Hi, My daughter is 17, 18 in July. She is addicted to cannabis and has been diagnosed with emotional dysregulation. She is emotionally and verbally abusive to me regularly and also violent in the home. Recently she destroyed a door in my rented home. Can I have the police remove her if she is screaming threats at me and can I have the police remove her if she damages the home? Any help here would be appreciated as it's been going on for some years now and it's really affecting my own wellbeing. Thanks.
Angela - 16-Mar-18 @ 5:40 AM
Mumof2 - Your Question:
A twelve year old girl was physically slapped and sworn at by another in the corridor during school yesterday. Plenty of witnesses. Bullying continued at home, with a fake Instagram account. School response, we cannot legislate for everything. What about their duty of care? Is there legal recourse?

Our Response:
The school should have a policy that relates to bullying and violence towards other pupils, ask to see it. If you don't feel the school is taking the right action, write a letter of complaint to the chair of the governors.
CivilRightsMovement - 13-Mar-18 @ 11:08 AM
A twelve year old girl was physically slapped and sworn at by another in the corridor during school yesterday. Plenty of witnesses. Bullying continued at home, with a fake Instagram account. School response, we cannot legislate for everything. What about their duty of care? Is there legal recourse?
Mumof2 - 13-Mar-18 @ 10:44 AM
Scared - Your Question:
I was on YouTube and found a video about a free credit card number with unlimited money so I wrote it down and went to Amazon and bought a whole bunch of stuff on two accounts I exited out and it locked me out of my account I'm really worried I might go to jail or prison please somebody reply I'm scared I'm 15 it went through checkout and I entered the name and expire date they said in the video too

Our Response:
Talk to an adult about this as we're not sure what you've done and/or where you got the information. It might be worth reporting the You Tube channel so that others don't fall into the same trap.
CivilRightsMovement - 2-Mar-18 @ 2:26 PM
I was on YouTube and found a video about a free credit card number with unlimited money so I wrote it down and went to Amazon and bought a whole bunch of stuff on two accounts I exited out and it locked me out of my account I'm really worried I might go to jail or prison please somebody reply I'm scared I'm 15 it went through checkout and I entered the name and expire date they said in the video too
Scared - 28-Feb-18 @ 2:15 PM
my best friend and his friends broke into a storage place a while ago and today the cops were at his house my best friend told me he was going to court sometime this month but when the police were at his house he is at school he said he was going to court to see if he is going to juvey (he is 13) will he go to juveywhat should I do
reeses - 24-Jan-18 @ 6:41 PM
Franny- Your Question:
Does my daughter have to give a sample to see if she's had sex if she doesn't want to even though I want her to

Our Response:
It depends what it relates to. You haven't given enough information here.
CivilRightsMovement - 24-Jan-18 @ 12:18 PM
Does my daughter have to give a sample to see if she's had sex if she doesn't want to even though I want her to
Franny - 23-Jan-18 @ 6:12 PM
My sister is 14 and she is dating/seeing this boy who is 13. he has been asking for nudes and she sent them because she is scared of him and he keeps forcing her. she is uncomfortable with it but won't tell anyone as she is worried that he will expose her. he is using it against her. I have seen all the messages as she uses my phone. Because he is only 13, can he get in trouble or get the police involved? I am trying to sort this out in the best way possible without him embarrassing her and ruining her life and I am not sure if i should get the police involved as they might not be able to do anything about it. I really appreciate it and i am really worried for her. I am 16 and have been through similar problem but the guy was actually older than me so i am not sure if the policecan help this time. Please it is important. I am very grateful for your help.
123 - 18-Jan-18 @ 3:17 PM
Tears - Your Question:
Can the police search a 14 yr old in the street in England?

Our Response:
Yes they can.
CivilRightsMovement - 12-Dec-17 @ 11:51 AM
Can the police search a 14 yr old in the street in England?
Tears - 9-Dec-17 @ 8:49 PM
My child was arrested and I never got informed and he stayed over night without me knowing so I freaked out and thought my son was kidnapped
Hire - 7-Dec-17 @ 8:50 PM
help please - Your Question:
My 16 year old boyfriend was arrested yesterday, I’m scared. As myself being a juvenile I don’t know how long they can keep him. I’m traumatized also because I really miss him and I can’t stay away from him for too long. he’s missing out on school and might just have to do 10th grade over again if he doesn’t get out soon. What’s the longest they can keep him in?

Our Response:
In the UK, it's rare for a 16 year old to be detained overnight and he will have an appropriate adult such as a parent/carer with him when he's interviewed.
CivilRightsMovement - 1-Nov-17 @ 12:01 PM
My 16 year old boyfriend was arrested yesterday, I’m scared. As myself being a juvenile I don’t know how long they can keep him . I’m traumatized also because I really miss him and I can’t stay away from him for too long ... he’s missing out on school and might just have to do 10th grade over again if he doesn’t get out soon. What’s the longest they can keep him in?
help please - 30-Oct-17 @ 6:40 AM
Hi, police has ben arrested my 14 old son for fake criminall report. They had held him in the police station all day and didn't informed my or my wife,when we call and ask info they not informed me.They gived him some questions with out parents, had talk whit my son after who he got trouble and get so looket inside. this is legall in England? Or we can report it?
Victim - 20-Oct-17 @ 10:24 PM
My 13 son found a knife on school premises he took the knife to initially to hand it in but instead headed off for lunch and had told a few others that he had found this knife a short time later he is getting the blame of threatening two others police have been involved what could the outcome be under Scottish law
Sony - 13-Sep-17 @ 2:59 PM
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