It has been recorded that over 62,000 of children (aged 17 or under) were taken into police custody last year. This number does not include children who have been invited to attend an interview under caution. Our criminal defence solicitors have noticed an increase in children being interviewed for various offences including sexual offences, criminal damage, assault etc.
Below is a guide of what will happen if your child has been asked to attend an interview under caution or has been arrested.
Can my child be arrested by the police?
The age of criminality in England and Wales is 10 years old therefore any child above that age can be arrested on suspicion of committing a criminal offence.
What happens when my child arrives at the police station?
If you are acting as the appropriate adult you will be advised which police station the child is being taken to. When they arrive you will be brought to the custody suite where the child will be and the custody sergeant will discuss the child’s rights whilst they are in custody. One of those rights is legal representation and you or the child can either name a solicitor or request the duty solicitor represent them. We always advise clients and their parents to request legal representation during their interview.
I have been asked by the police to bring my child to the police station for an interview. Do we have to attend?
We would advise clients to attend a voluntary interview. The police can use a failure to attend a voluntary interview as a ground to arrest.
What is an appropriate adult?
As the person being interviewed is a child they require an appropriate adult during the interview. This person can either be a relative or guardian, social worker or someone from a scheme who has completed the required training to act as an appropriate adult during the interview.
An appropriate adult is not there to answer questions on behalf of the child. They are there to ensure that the child understands the questions being asked, to help them communicate and to ensure that the police are acting properly by not putting the child under any pressure etc.
I am the child’s parent and have been told I cannot be the appropriate adult. Is this correct?
This will depend on the reasons why. For example, if you are a witness to the alleged offence it would be inappropriate for you to act as the child’s appropriate adult.
What happens when the legal representative arrives at the police station?
At the police station we will meet with the officer in charge (OIC) of the case and obtain disclosure. Disclosure is a summary of the allegation and can include a summary of the evidence the police have which has prompted the interview. This can range from witness statements, police notes of body camera footage, CCTV footage and forensic evidence.
At this stage if we believe that the arrest was unnecessary or there is little or no evidence which requires the child to be interviewed (if they have attended a voluntary interview) appropriate representations will be made to the OIC.
Once we have received disclosure the child will be taken to a room where their legal representative will be waiting for them. Anything the child discusses with their legal representative is confidential. We will discuss the disclosure with them, advise them of the law and the strength of the evidence and we will take their instructions. Based on the child’s instructions we will give them advice on how to respond to the questions during the interview. The child will be advised that they can either;
- Respond to the questions being asked and give a full account
- Respond to the questions ‘no comment’
- Prepare a statement which is read out during the interview and will be advised to answer the questions ‘no comment’
When the child is ready to be interviewed they will be taken to an interview room where the interview will be recorded. The legal representative will be seated next to the child making a note of the questions being asked and their responses. They will also ensure that the OIC is following the PACE codes which are the rules that govern how the police should treat a child. The appropriate adult will be sat close by to the child.
After the interview the legal representative may put forward any representations to the OIC to try and resolve the case sooner.
If the child has been arrested after the interview they will be:
- Released on bail and this could be with conditions
- No further actioned (this is the end of the investigation and no court proceedings would be started)
- Released under investigation
- Charged with a date to attend court in the future
- Charged and remanded (appear before a Magistrates Court when next available)
- Cautioned or given another out of court disposal
How can Stephensons assist?
Our criminal defence and appeals solicitors have combined over 150 years of experience successfully representing children at the police station and court if they are charged. They have represented children for the most serious offences including murders through to the more minor such as a shoplifting.
It is important to obtain legal advice during an interview as what the child states during their interview will be recorded and could either be beneficial to their defence or used against them by the prosecution during the trial.
If a child in your care has been asked to attend an interview under caution or you suspect the police are looking for the child please contact the department on 0161 696 6188 or complete an online enquiry form.
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