Specialist Youth Representation

What Will Happen To a Youth When They Are Taken To Police Custody?

Produced to The Custody Sergeant

Similar to an adult suspect the child will be presented to the custody sergeant where initial details will be given and their welfare assessed. The custody sergeant is responsible for the safety of the child during their time at the police station and must ensure that measures are put in place where required to ensure the child's understanding of the process and their rights.

Allocated an Appropriate Adult

A youth suspect will be given an appropriate adult whose role it is to support and to aid in communication between the police and the youth, making sure the child understands what is being said. In the Netflix drama Adolescence, the boys father acted as the Appropriate Adult, although parent's are able to act as an appropriate adult this would only be suitable in some cases, and we disagree strongly that in the circumstances of the Netflix show that this would have been the correct course of action.

We would always advise using an appropriate adult from the Appropriate Adult Scheme, this is an independent and specially trained person who would attend the police station to assist the youth suspect. When considering who should act as appropriate adult it is essential to assess whether there is the potential for them to be a defence witness, and also whether their personal emotions may impact the effectiveness of the interview.  If the suggested appropriate adult is likely to be a defence witness, or their emotions and view may affect the interview process and the suspect then they should not be sat in police interviews.

Unlike in Adolescence, the  appropriate adult would not sit in the consultation taking place between the youth suspect and their lawyer, this is due to confidentiality. Your appropriate adult does not have the same level of confidentiality towards you as your lawyer, and therefore to ensure you can speak openly and we can protect your interests we would ask the appropriate adult to wait outside. However, they are able to be involved when we are explaining your rights and entitlements to help you to understand this advice where necessary.

Provided With Legal Representation

It is important to exercise your right to legal representation, the police will ask whether you would like legal representation when you arrive at the police station. There are two options, you can request a lawyer of your choice or the police will assign the duty solicitor. The duty solicitor is not a person who works for the police, they will arrive at the police station from a local law firm to provide legal advice and assistance to you. The duty solicitor is a free service funded by the government, their advice and assistance is limited to their time at the police station only.

If you select your own lawyer you may do this privately, or your family may arrange one for you. This would be paid for by you or your family and they would attend to represent you. At Eventum Legal our pre charge representation extends to our work outside of the police station, where our advice and representation continues as it is likely that although you are released from custody, the police will be continuing to investigate the complaint made against you.

Your lawyer will obtain initial disclosure from the police, this is the information about the evidence the police have and the complaint made. Our advice depends on the disclosure given. The advice of the solicitor in Adolescence is very negligent and is not a true reflection of the process or how a solicitor is trained to advise a client at the police station.

Police Interview

The interview will take place, during which you will be asked questions about your involvement in the alleged offence. Your solicitor and appropriate adult will sit in the interview with you. They cannot answer questions for you, but your solicitor can control interview and make sure you are treated fairly.

Will A Youth Be Held In A Police Cell?

Guidance from the College of Policing states that suspects should not be held in custody for longer than necessary, this is very important particularly for youth suspects. The custody environment is designed for adult suspects, children were not considered when custody suites were designed and the environment has been proven to impact their mental health and wellbeing.

Where possible a child should not be placed in a police cell, the custody sergeant should assess alternative options for the youth and where possible facilitate this.

Will Having a Solicitor at my Police Interview Make Me Look Guilty? 

No, this is a misconception and even the police appreciate that everyone has the right to free and independent legal advice. Even when innocent you can unintentionally self-incriminate and what you say could be used against you. Our role when attending the police station to represent our client is to protect their legal rights and advance their position. The advantages of having legal representation at your police interview include: 

• We can ensure the police are following the correct laws and procedures during your time in custody
• We can obtain information in relation to what exactly is being alleged and discuss that with you, this way you know what to expect before you enter the interview room. 
• We can control the interview to ensure you are not faced with any difficult or unlawful questions 
• We can advise you of your options; the disadvantages and advantages of each based on the information we receive from the police.
• We will inform you of your rights throughout your time in police custody and how to exercise those
• We will challenge any unlawful bail conditions, or suggestions that you may be remanded into custody for court
• We will support you during your time at the police station, and throughout your interview

What Happens After My Police Interview

At the end of the your police interview the police have to make the decision as to whether you are going to be bailed. In most cases you will be released with or without bail conditions, this depends on the offence and circumstances. Your legal representative at the police station can be involved in this decision and must work to have you released from police custody.

If the alleged offence is very serious the police may remand you into custody where you would be brought to court as soon as possible for the court to decide what happens next, this is usually the next day. Youths can be remanded into custody however, this is rare and the decision to do this is not taken lightly. If a youth is remanded they would be produced to the Youth Court as soon as possible. Where they spend their time between the decision to remand and court depends on the time frame and circumstance, they can be taken into local authority care, held at a Youth Detention Centre or Police Custody if there is no other suitable accommodation.

The Court will implement suitable accommodation when they are consider further remanding the suspect to await trial.

At Court your lawyer can make an application for bail, youth suspects in sexual offence cases are not likely to be remanded into prison unless the offence is very serious and there is a real risk to the public, a particular group of the public or person.

How Eventum Legal Can Help You

You may be a worried parent, or reading this as a youth suspected facing a false allegation. It is not easy to pick up the phone and ask for help but our team pride ourselves on our non judgemental and compassionate approach to all of our client's and their families. It is a very tough process, working with lawyers which not only are experts in their field but, also ones you can build a positive relationship with who will support you through what can be a long process is essential.

If you would like a free initial consultation about your case get in touch. Following our initial consultation we work on a fixed fee basis so you know exactly where you stand with your funding your case.

We will do everything possible at all stages of any cases to ensure you receive the best possible outcome.