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Wednesday, 3 October 2023

If a young person is taken to a police station

If you are stopped or arrested by the police they must let your parents or carers know. Police can't question you unless there is another adult present. Find out what happens if you're stopped, arrested or questioned by the police.

Being stopped or arrested by the police

If the police call at your home they should speak to your parents first

The police can stop you anywhere in public, like the street or a shopping centre, if they think you have been involved in a crime.

They must tell you their:

  • name
  • police station
  • reason for stopping you

You must give the police your name and address, but you don’t have to answer any other questions until you have had legal advice. The police can search you if they think you have drugs or a weapon on you.

If the police come to your home

If the police call at your home they should speak to your parents or carers first. Your parents or carers should be with you when the police speak to you.

You and your parents or carers may want to get legal advice from a solicitor before you answer any questions.

If the police come to your school

The police won’t usually arrest you at your school. If they do, they have to get the permission of the head teacher, who should be with you when you’re arrested.

What happens if you’re arrested

If a police officer thinks you have been involved in a crime they can arrest you and take you to a police station. If you are under 18, the police must tell your parent or carer as soon as possible.

The police officer should tell you:

  • why you are being arrested
  • which crime they think you have committed
  • that you are not free to leave

The officer can use reasonable force as a last resort to stop you trying to run away.

Arriving at a police station

If you have been arrested, you’ll be taken to the custody desk at the police station.

The officer at the desk, the custody officer, will tell you why you’re being held.

You should tell the custody officer your:

  • name
  • age
  • address
  • home telephone number
  • school

You’ll be searched to make sure you don’t have anything on you that you shouldn’t, like a weapon. The police will take your property, like phones and money, while you are in the station. You’ll get these back when you’re let out.

The custody officer will contact your parents or carer. You’ll be offered free help from a solicitor. You can ask to read the police rule book called the Codes of Practice. This tells you how the police should treat you.

You will be put in a detention room, which will be like a jail cell, until your parents or carers arrive. You don’t have to answer any police questions until your parents or carers get there. The cells will probably be covered by cameras which may also record sound.

Getting help from an appropriate adult

If your parent or carer can’t come to the police station, the police must ask for an ‘appropriate adult’ to be there.

This can be a:

  • family member
  • friend over 18
  • volunteer
  • social worker

Being questioned at a police interview

If the police question you it will be in an interview room. The interview will be recorded.

A parent, carer or other appropriate adult will be there to help you answer the questions. You can also ask for a solicitor. You can speak in private to them at any time.

You can't be kept at a police station for more than 24 hours without being charged with a crime. This can be extended to 36 hours if a police superintendent agrees, and longer if a magistrate agrees.

Getting charged with a crime

The police or the Crown Prosecution Service (CPS) will decide if you should be charged, depending on whether there is enough evidence.

If the crime you’re arrested for is serious, like robbery or burglary, or if you have already been warned by the police, you could be charged.

If there isn’t enough evidence, the police could let you go and:

  • try to collect more evidence
  • not take any more action

Charging is when you are officially accused of the crime, and you will have to go to court.

If you haven’t been in trouble before

If it’s the first time you have been in trouble, and the crime isn’t too serious, the police could:

  • officially tell you off - give you a ‘reprimand’
  • give you a warning
  • get you to agree to behave - making you sign a contract
  • ask you to take part in a ‘restorative justice’ conference

If you get in trouble again, you could be charged with a crime and made to go to court.

Additional links

Legal advice on children's rights

Free legal advice about children and the law from the Children's Legal Centre (freephone advice)

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