Rights if Your Child Is Arrested

This guide covers England and Wales. Northern Ireland and Scotland have different laws and procedures, so use advice written for those places.

If your child has been arrested, you may be unsure what happens next. Children in custody have extra protections under the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice.

When a child is arrested

The age of criminal responsibility in England and Wales is 10. Under PACE Code C, anyone who appears to be under 18 must be treated as a juvenile unless there is clear evidence that they are older.

The police must, as soon as practicable, tell the person responsible for your child's welfare about the arrest, the reason for it and where your child is being held. This is usually a parent or guardian. For a child in care, the local authority may also need to be told. Being informed does not give you an automatic right to visit or to learn every detail of the investigation.

On arrival, your child must be told their rights. These include free legal advice at any time, having someone told where they are, reading the Codes of Practice and getting medical help. They should also have food, drink, rest and access to a toilet. Tell the police about any communication needs, such as a learning disability, autism or mental ill health. A parent cannot replace a qualified interpreter.

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The appropriate adult

The police must arrange an appropriate adult to support your child, help them understand what is happening and check that they are treated fairly. This might be a parent, another relative, a social worker or a trained volunteer, and they must be 18 or over. Police officers, police staff and anyone involved in the alleged offence cannot take on the role. A parent may also be unsuitable if, for example, they are a witness or victim.

The appropriate adult does not have to stay at the station throughout, but must be involved at specified stages, including interview and charge. If your child was told their rights before the adult arrived, those rights must normally be explained again in the adult's presence.

For a strip search that exposes intimate parts, an appropriate adult must normally be present. The exception is when the child says, in front of the adult, that they do not want them there and the adult agrees. This must be recorded and signed. A narrow exception also covers urgent searches where there is a risk of serious harm.

You are not there to give legal advice, and what your child tells you is not confidential. The National Appropriate Adult Network publishes guidance on the role.

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Legal advice and interviews

Legal advice at the station is free for everyone. Your child can ask for their own solicitor or the duty solicitor, who is independent of the police. These rights, along with the right to an appropriate adult, also apply at a voluntary interview as a suspect.

Ask for a solicitor straight away, even if the matter seems minor. You can request one if it is in your child's best interests, even if they refuse, but you cannot force them to speak to the solicitor. Their conversations with the solicitor are confidential and legally privileged, with limited exceptions. Once legal advice has been requested, questioning should normally wait until your child has received it.

Your child does not have to answer questions. However, staying silent can sometimes have legal consequences, so they should get advice before deciding.

How long a child can be held and what happens next

The usual maximum before charge or release is 24 hours, calculated under statutory rules. For an indictable offence, a superintendent or above can authorise up to 36 hours, and a magistrates' court can extend this to 96 hours in total. These are maximums. Detention must remain justified and be reviewed throughout.

If your child is charged and refused bail, the police must generally transfer them to local authority accommodation until court. This does not have to be secure accommodation. Limited exceptions exist, and the reasons for keeping a child at the station must be certified for the court.

Possible outcomes include:

• No further action: the police or prosecutor decide not to proceed at that stage. The case can sometimes be reopened.
• Release under investigation: enquiries continue, with no bail conditions or set return date.
• Bail: conditions may apply, and your child will normally have to return on a set date.
• Community resolution: an informal outcome for minor offences.
• Youth caution or youth conditional caution: these require an admission and enough evidence. A conditional caution also involves agreeing to conditions. Your child should get legal advice before accepting one.
• Charge: most cases go to the youth court, though some go to the Crown Court or follow other routes if an adult is charged too.

A parent or guardian must normally attend court with a child under 16, and the court can require this for a child aged 16 or 17.

Youth cautions are generally filtered from standard and enhanced DBS certificates. An enhanced check can still include relevant police information, including community resolutions and no further action decisions, if the disclosure test is met. How long police keep records is a separate matter. GOV.UK publishes guidance on DBS filtering.

Where to get help

Your local Youth Justice Service works with children in the youth justice system. Just for Kids Law and Coram Children's Legal Centre publish information for families, but check what services they currently offer. Citizens Advice can help you find a sol

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