No parent ever wants to get that phone call – the one that says your child has been arrested. Whether it is a minor offence or a more serious allegation, your emotions will likely swing from shock to fear to anger and confusion. During this critical time, this guide will help you protect your child’s rights and make informed decisions in the event of an arrest.
In England, Wales, and Northern Ireland, the age of criminal responsibility is 10 years old. In Scotland, it is 12 years old (though some interventions can occur from age 8). A child can be arrested if they are over this age and suspected of committing a crime.
In the event of arrest, the police will take your child to a police station. They must inform your child of their rights, and a parent, guardian, or appropriate adult must be contacted as soon as possible.
Get a legal representative, and do not say anything until they have had a consultation with them
Your child has an ongoing right to free, independent and confidential legal advice through a Solicitor or Police Station Representative. This can be whereby a named Solicitors firm is given to the Police, or through the Duty Solicitor Scheme.
The Duty Solicitor Scheme is a 24/7 service to advise your child on the whole process during their time in custody. It is important to note that this scheme is not sourced by the Police, as it is completely independent.
What happens during a police interview?
The police will ask the child questions about the alleged offence, accompanied by a Solicitor and an appropriate adult.
An appropriate adult plays a role there to support children and ensure fair treatment. This could be a parent, guardian, social worker, or someone appointed by the local authority. They must be present during interviews and can help the child understand the process.
If your child consents to you as parent to act as an appropriate adult, you would not be present just as an observer. But, to ensure a fair treatment and understanding of the process of arrest.
Dos and don’ts in the interview:
The Police will ask some questions to your child as part of their investigation.
Your role is to clarify questions if you do not think they understand, and ask the officer to rephrase complex or leading questions.
Ensure that your child understands their ongoing rights to legal advice and the right to remain silent.
Ask for breaks if you feel necessary – the interview can be paused as much as appropriate.
You must remember that you cannot answer questions or speak on their behalf.
You cannot influence, suggest or encourage your child to answer questions that seem necessary. You must remain impartial and supportive. Understandably a hard task as a Parent.
What happens after the interview?
After your child is interviewed, there are several outcomes available:
Your child may be released without charge- this means the Police take no further action against them. This means the case will be resolved.
Your child may be released on bail conditions to adhere to as explained by their legal representative.
They may be released under investigation- this means that the Police will continue to investigate the allegation whilst your child is released from custody.
They could receive an out of court disposal. This can be through community resolutions – a way of an apology, Youth cautions or Youth conditional caution. A youth caution is a formal warning for a first offence. It doesn’t result in a conviction but is recorded. Similarly, a condition caution is the same, but attached is a condition or task for your child to complete. Some examples are a letter of apology or awareness courses.
Lastly, your child may be charged and taken to Court.
What will happen at Court?
If the case goes to court, Children are dealt with in the Youth Court designed for young people. It’s more informal than an adult court, and the public is usually not allowed in. They will be provided with a Solicitor.
Some Outcomes may include:
- Absolute or conditional discharge
- Referral orders (working with a youth offending team)
- Fines
- Youth rehabilitation orders
- In more serious cases, a custodial sentence (only if absolutely necessary)
The Youth Offending Team (YOT) will usually be involved and can offer support, rehabilitation, and guidance. Legal advisors, school staff, and local services may also be available to help the family.
Being arrested is a serious event, but it does not mean a child is automatically convicted or will have a lifelong criminal record. The youth justice system in the UK is designed with rehabilitation and safeguarding in mind.
If your child is arrested, we are here to guide you through every stage of the process.