Arresting A Child
FROM WHAT AGE CAN THE POLICE ARREST A CHILD?
A child between the ages of 10 years and 18 years can be arrested, charged with a crime and taken to court.
The police cannot arrest or charge a child under the age of 10 years.
WHAT HAPPENS TO A CHILD AT THE POLICE STATION?
The following happens when a child is brought to a police station:
The child’s rights
- The child must be read their rights
- The child’s parent or person with parental responsibility must be informed.
- The child must be informed they have a right to have an adult to be present with them at the police station. The child can talk to this adult in private if they wish.
- The child has a right to medical treatment if they need it.
- They have a right to an interpreter if they require one.
- They have a right to NOT answer any questions.
- They have a right to a solicitor
- They have a right to clean toilets, clean towels and bedding and clean washing facilities.
- They have a right to 8 hours continuous sleep in every 24 hour period they are detained.
Interviewing a child
Unless there is risk of another crime being committed or there is danger to life, the police should only interview the child if the parents or another adult is present.
The interview should be recorded (written or taped) and your child has the right to see or hear the recording after the interview.
Keeping a child in police custody
The police can keep a child in custody for up to a total of 96 hours and then they will have to either charge them or let them go free. The court will allow a set period of time, initially 12 hours then an extra 24 hours then an additional 24 hours then more until cumulatively a total of 96 hours is reached.
Searching a child
A search of a child can be done by a police officer. At all times during the search the child has the right to have their parent(s) present. If clothing is to be removed then the search must be done by an individual of the same gender. Any intimate searches must be done in private.
Fingerprinting a child
If a child is 16 years of age and over the police can take fingerprints and photos without anyone’s consent.
If a child is 15 – 16 years of age, the child and their parents will jointly have to agree to the fingerprints being taken.
If the child is under 14 years of age the parents consent is required.
Hair and saliva samples
Once the police have charged a child with a crime they can take hair and saliva samples without anyone’s consent otherwise they need the child’s and their parents consent.
Urine and blood samples
Whether a child has been charged with a crime or not, the police cannot take a urine or blood sample without the joint consent of the child and their parents.
WHAT HAPPENS TO A CHILD UNDER THE AGE OF 10 YEARS IF THEY COMMIT A CRIME?
A child under the age of 10 years can be given the following if they commit a crime:
Local child curfew – The curfew bans the child from entering a public place between the hours of 9pm and 6am unless with an adult. A local child curfew can last for up to 3 months.
Child safety order – A child safety order is issued when a child commits a serious offence or does not comply with the local child curfew. A child safety order is when a child is supervised by a youth offending team.
A child safety order can last for up to 12 months depending upon the individual case.
WHAT IS THE ROLE OF THE YOUTH OFFENDING TEAM?
Who are they?
Your local youth offending team is not connected to the police or the courts. They are part of your local authority.
Who do they help?
They help children who have been arrested, charged with a crime, attending court, convicted of a crime and sentenced.
What do they do?
The youth offending team helps a child keep away from crime and out of trouble. They help a child in the following ways:
- They help a child at the police station when they are arrested
- They can help a child in court
- Organise crime prevention programmes
- Help children who have been given a community sentence
- Help children if they have been given a custodial sentence.
Who do they liaise and work closely with?
Your local youth offending team works closely with the police, local schools, education authorities, local authority child services and probation officers.
Who normally contacts your local youth offending team when a child is in trouble with the law?
The police normally contact the youth offending team.
The family and friends of a child who is involved in crime can also contact them directly.
How can you find your local youth offending team?
LINK TO GOVERNMENT WEBSITE FOR YOUTH JUSTICE SERVICES CONTACT DETAILS.
CAN A PARENT BE HELD RESPONSIBLE FOR THEIR CHILD’S BEHAVIOUR AND CRIMES?
Yes they can if it is believed that they did not try and prevent the child from committing the crime(s), did not try and control their child’s behaviour and their child keeps repeatedly getting into trouble with the law.
As a parent you can be asked to do the following:
Attend a parenting programme – These are run by your local youth offending team or local youth justice organisation.
Sign a parenting contract – This is an agreement made by your local youth offending where you can agree to help your child avoid crime.
Be given a parenting order – A parenting order will detail the things the court wants you and your child to do to correct their behaviour. A parenting order can last for up to 12 months. The court will reprimand you if you do not comply.
WHAT IS A CRIME PREVENTION PROGRAMME?
This is a voluntary community programme run by your local youth offending team designed to keep children away from crime. Children in trouble with the law or who commit antisocial behaviour should attend.
A child can be referred by the police, your local youth offending team, the school, a parent, or a child services social worker. There are many different types of crime prevention programmes such as:
The youth inclusion programme – This programme is for 8 – 17 year olds. An intervention plan is written and agreed by all detailing what is expected of the child and what support they will get.
The youth inclusion and support panels – Local social workers form panels to help 8 – 13 year olds with schooling, health problems and other issues so they stay out of trouble. An intervention plan is written and agreed by all detailing what is expected of the child and what support they will get.
WHAT IS COMMUNITY SENTENCE OR SERVICE?
This is when a child is convicted of a crime by a court but instead of being sent to jail they are expected to do unpaid work to benefit the local area and community.
This is also referred to as community payback.
The court will give a community sentence under the following conditions:
- If a child is convicted of crimes such as theft, assault and damage to property.
- If it is the child’s first conviction
- Sending the child to jail will be damaging.
- If the child has a mental issue.
WHAT IS A CUSTODIAL SENTENCE?
A child under 18 years of age given a custodial sentence will be sent to a secure unit for children. They will not be sent to an adult jail.
The court will give a custodial sentence if the crime is a serious one.
WHAT IS CUSTODY ON REMAND?
This is when a child is sent to a secure unit until and during their trial at court.
The court will order a child to be put in custody on remand under the following conditions:
- The child will skip bail
- The child will not attend court
- The child is in danger
- The child will commit further crimes
- The child has a history of crime
Custody or remand is also known as pre-trial detention.