Everyone who works with children has a responsibility for keeping them safe, this applies to the police who are investigating youths for criminal offences. Children and young people are a protected group with specific vulnerabilities and there are particular steps any investigatory body should take when handling a youth suspect.
The treatment of a youth when arrested and in police custody is governed not only by domestic legislation (UK Laws) but also by the UN Convention on the Rights of the Child (UNCRC), and they must be followed to ensure a fair and just investigation.
Children in police custody may be less aware of their rights and entitlements than adults and may need this information communicated to them in a way which meets any speech, language or communication needs they have. At Eventum Legal we appreciate this need and will work hard to cater to the needs of all clients, tailoring our advice and care to them when they are in the most difficult situations.
When considering the arrest of a youth police officers must believe either that the child is committing an offence, about to commit and offence, or is suspected to have committed an offence.
In cases involving youth suspects, extra consideration should be given to whether the arrest is necessary, to prevent the avoidable criminalisation of a child. Once a person is arrested, whether it be a child or adult, the arrest is recorded within the Police National Database and could be disclosable upon a Data Barring Service (DBS) check in the future affecting a persons ability to secure employment, travel or even attend university. The advantage of avoiding an arrest from a criminal records perspective cannot be overstated and all steps must be taken initially to avoid future implications.
If a youth is arrested they should be detained for no longer than is required, and they should not be held overnight in a police cell unless absolutely necessary. Thought should be given by the custody officer to obtain alternative secure accommodation for a youth who has attained the age of 12 years old.
The police are entitled to interview a youth suspect as they would an adult, however an appropriate adult must be present. The role of the appropriate adult is to safeguard the interest, rights, entitlements and welfare of children and vulnerable people who are suspected of committing a criminal offence. Any responsible person over the age of 18 can act as an appropriate adult, see our blog on the role of an appropriate adult which provides detail on their role.
Our lawyers have over 15 years experience representing youth clients throughout all stages of a criminal case, we are dedicated and passionate about ensuring that the most vulnerable group in society are not taken advantage of during a criminal investigation and/or prosecution.
We appreciate that it is not easy for anyone to pick up the phone and explain to a lawyer that they are under investigation for a sexual offence, and even more difficult for children. Our lawyers are available 24 hours via
Whats App. It can sometimes be easier to send a message, we can then introduce ourselves and arrange a time to speak with you.
82 King Street
Manchester
M2 4WQ
info@eventumlegal.co.uk
Eventum Legal hold mandatory indemnity insurance. We are insured by Hera Indemnity - Lloyds.
We are regulated by CILEx Regulation to conduct criminal litigation and advocacy, authorisation number 3002253.