Rights if Your Child Is Arrested

Few things are more terrifying for a parent than getting that phone call from the police station. Your child has been arrested. Your mind races, your heart pounds, and you probably have no idea what happens next or what rights your child actually has.

More than 200,000 children are arrested across the UK every year. That's roughly 550 kids every single day being taken into police custody. Most are teenagers, though children as young as 10 can face arrest. The trouble is, most parents have absolutely no clue about the legal protections their children are entitled to when this happens.

The moment of arrest: what happens first

Police must contact a child's parent or guardian straight away when they arrest someone under 17. Not 'when they get around to it' or 'after processing' - as soon as possible. This isn't just good practice; it's the law under the Police and Criminal Evidence Act 1984 (PACE).

Your child should be told about their rights the moment they arrive at the police station, including their right to free legal advice from a solicitor. Don't wait - request this immediately. Every child under 17 is entitled to have an 'appropriate adult' present throughout their time in custody. This is usually a parent, but could be another family member, guardian, or if necessary, a social worker or trained volunteer. Children also have the right to speak with this adult privately, away from police officers.

Friday nights get busy in custody suites, and officers might try to rush things along. Don't let them. Your child's rights remain the same regardless of how many other people are waiting to be processed.

Police interviews: the rules are different for children

The police cannot start interviewing your child if they've asked for you to be present and you haven't arrived yet. This rule is absolute in law.

Rare exceptions do exist. If police genuinely believe that waiting could lead to someone getting hurt or evidence being destroyed, they might proceed with an appropriate adult who isn't a parent - often a social worker or volunteer. Even then, they must try contacting you first and explain why they couldn't wait.

During any interview, the appropriate adult isn't just a silent observer. They can:

• Ask for breaks if your child is getting distressed
• Request clarification of confusing questions
• Challenge inappropriate questioning techniques
• Take notes of what's being said
• Consult privately with your child during the interview

An appropriate adult differs from a parent in that they're trained to understand police procedures and children's rights. While parents usually fill this role, sometimes a professional appropriate adult might be better - for instance, if the parent is too emotional to help effectively, or if the child specifically requests someone else.

How long can they keep your child?

Police can initially hold anyone, including children, for up to 24 hours without charge. Senior officers can extend this by another 12 hours for serious offences - examples include robbery, serious assault, or drug dealing.

Magistrates can grant further extensions in exceptional circumstances. The absolute maximum detention period is 96 hours (four days) before police must either charge your child or release them. Extensions beyond 36 hours are rare for young people.

Regular reviews of your child's detention are mandatory. The first review happens after 6 hours, then every 9 hours after that. During these reviews, officers must justify why continued detention is necessary.

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Searches: what's allowed and what isn't

A basic pat-down search is routine when police book someone into custody. Strip searches - where clothing is removed - require stricter conditions. These must be conducted by an officer of the same sex as your child, in private, with no unnecessary people present.

Your child has the right to have an appropriate adult present during any search. For younger children especially, having a trusted adult there can make an enormous difference to how distressing the experience is.

Intimate searches (examining body orifices) are incredibly rare. A senior officer must authorise these, and only if they believe your child might be concealing Class A drugs or something that could cause serious harm. A medical professional, not a police officer, must conduct intimate searches.

Fingerprints, photographs and DNA

Age determines the rules here:

• Under 14: Police need parental permission to take fingerprints
• 14-15 years old: Both parent and child must agree
• 16 and over: Police can take fingerprints and photos without permission

Before charging, police need consent from both you and your child for mouth swabs or hair samples. After charging, they can take these without permission. Blood and urine samples always require consent, even after charging - police cannot forcibly take these intimate samples from your child.

If consent is refused where it's required, police cannot proceed with sampling. They might explain that refusal could be mentioned in court, but they cannot physically force a child to provide samples where consent is needed.

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The decision to charge

Police often consult with the Crown Prosecution Service before deciding whether to charge. Many young people, especially first-time offenders accused of minor crimes, won't end up in court at all. Instead, they might receive:

• A youth caution (replacing the old reprimands and final warnings)
• A youth conditional caution with specific requirements
• A community resolution (informal agreement to make amends)
• No further action at all

These outcomes still create a record, but youth records are treated differently from adult criminal records. They're not publicly accessible and have different rules about when they expire.

If it goes to court

Children aged 10-17 who are charged usually appear in youth court. No wigs, no public gallery full of strangers - just magistrates specially trained in dealing with young people. The atmosphere is deliberately less intimidating than adult courts.

Cases involving children charged alongside adults might be heard in adult magistrates' court or Crown Court. Serious offences like murder or rape also go straight to Crown Court, regardless of the defendant's age.

Youth court proceedings are private - the public and press face strict restrictions on attending and reporting. This protects young defendants from publicity that could damage their futures.

Getting help when you need it

Request legal help the moment you hear your child's been arrested. Every police station has a duty solicitor available 24/7, completely free. Some officers might suggest that accepting legal advice makes your child 'look guilty' - ignore this completely. Legal advice is a fundamental right, not an admission of guilt.

Several organisations offer free support to parents navigating youth justice issues. The Children's Law Centre (028 9024 5704) provides advice across Northern Ireland. Just for Children Law (0203 174 2279) covers England. Youth Justice Legal Centre and the Howard League for Penal Reform also offer guidance and support.

Your child's age matters enormously in the justice system. These protections exist because society recognises that children make mistakes, act impulsively, and deserve every chance to learn without permanent consequences. Understanding these rights helps ensure they're respected, even when you're dealing with the most stressful situation imaginable.

The Next Step

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