It is becoming more common for children to be arrested and placed under investigation for sexual offences including rape, indecent image offences, and threatening to disclose private photographs. If your child has been arrested it can be an extremely worrying time, ensuring they are protected is paramount.
Arrests in Youth Sexual Offence Cases
A child is regarded a youth in criminal law if they are under the age of 18 years old. The decision to arrest a youth must be taken very carefully as children and young people are a protected group with specific vulnerabilities. Their treatment in detention is governed not only by domestic legislation but also by the UN Convention on the Rights of the Child (UNCRC) which the UK has signed and ratified.
It would always be in the best interests of a youth and more appropriate for police interviews to take place on a voluntary basis, this would avoid an arrest and ultimately a child being criminalised and obtaining a police arrest record.
A lawful arrest requires two elements:
Element 1: A person’s involvement or suspected involvement or attempted involvement in the commission of a criminal offence;
AND
Element 2: Reasonable grounds for believing that the persons arrest is necessary.
Because of the extra vulnerabilities of youths there are special duties and obligations the police have which do not apply to adults and must take into account the following:
- The age of the child or young person when deciding whether any of the statutory grounds for arrest apply
- Pay particular regard to the timing of any necessary arrest of children and young people and ensure that they are detained for no longer than needed in accordance with paragraph 1.1 of Code C.
- Avoid holding children in police cells overnight unless absolutely necessary
What Happens for a Child at the Police Station?
The custody environment was designed for adult suspects, and therefore for a child being in custody can be an extremely traumatic experience. The police must follow special rules and guidance which applies to the child when they are in their care in custody, they include:
- The child’s parents or carer will be informed of where their child is as soon as possible.
- An ‘Appropriate Adult’ has to be appointed for the child. The Appropriate Adult can be a parent, a social worker, or another responsible adult over the age of 18 years old.
- Ensuring the the child is kept away from other adult suspects in the police station.
- The child is not placed in a police cell. They should only be placed in a cell if no other secure accommodation is available, and they cannot be supervised outside of a cell.
- Girls are looked after by a female police officer.
The police can interview a child suspect, this must be in a controlled environment with the Appropriate Adult present. Once there is no longer a need for the child to be in the custody of the police they should be released as soon as possible.
Do You Need A Solicitor When Your Child is Arrested?
Some children will fear the thought of requiring a lawyer and may not understand the role we carry out, or by having a lawyer present it makes them look guilty. These are all misconceptions and it is crucial for anybody in police custody, particularly the most vulnerable to have legal representation at the police station so ensure they do not miss out on key protections afforded to them. These protections include:
- That the child’s rights are being adhered to
- Assessing where lines of questioning in an interview may be going
- Controlling the situation when these lines of questioning might be inappropriate
- Control and advise throughout the interview and ensure the child remains protected
- When and if representations need to be made on the child’s behalf a lawyer can advance these to the appropriate person
- Obtaining information in relation to the offence prior to any interview, allowing the child to understand the offence, the law and procedure before they start to answer questions
- Ensuring the child understands their options for interview and whilst they are in police custody
Can I Represent My Child if They Are Accused of a Crime?
Naturally the parent of a child wants to manage the situation and protect their child, but it is usually best to get legal advice for a child accused of a criminal offence. There are many reasons a parent or family member may not be best placed to represent the child such as; they may be too emotionally involved and their emotions lead to unhelpful decisions, they may not have the legal experience or understanding, and importantly they may be required as a witness further down the line and being involved in the police interview may hinder their ability to do this.
Anything said to a lawyer is protected by Legal Professional Privilege. This means that a lawyer cannot repeat any of the discussions between them and the child. It doesn’t matter who asks, unless that child tells them that they can. This is not the same for an Appropriate Adult or parent, who is not a lawyer and who can be questioned about what the child has told them. They could even be placed in a position where they are asked to give evidence against the child at court.
Unfortunately, parents acting for a child will often think that their child will not be charged. They think that an apology will bring an end to matters, and are shocked when this is not the case. The outcome of a police investigation can affect the child’s criminal record, and even their future. It is important to make sure that they have every protection they can. A lawyer can help to ensure that the child is being appropriately advocated for.
What Happens After the Interview?
Once your child has been interviewed the police have four options:
- Release your child with no further action, this brings an end to criminal proceedings
- Offer an out of court disposal. This is known as a diversion from the criminal justice system and could form a youth caution or community resolution. This would also bring an end to criminal proceedings.
- If your child is charged with a criminal offence they can be remanded into custody, which means they would be held by the appropriate child authorities and required to appear before the court at the first available opportunity, this decision is reserved for the most serious offences. If charged, the child may be given a date and time to appear at court on another date and be given bail until this time.
- Your child could be released subject to police bail whilst the investigation remains ongoing.
Is There Anything I Can Do Whilst My Child is on Bail?
Pro activity is beneficial in all cases where a suspect is being made subject to a lengthy period of police investigation. Working with lawyers will ensure the police are doing what they should, that the investigation is being dealt with fairly and expeditiously and that you have strong support during this difficult time. Our lawyers will always aim to prevent charges in all cases by pre charge engagement and representation, where it is in our client’s best interests to do so.
The benefits of Pre-charge Representation cannot be over estimated, particularly in youth cases due to the special and separate considerations both the CPS and police have regarding investigating and prosecuting children. Sometimes the attention of the police requires drawing to the appropriate guidance and laws applicable to youth suspects.
Our team have extensive experience in working with the police, social services and the CPS to ensure our youth client’s are firstly treated as children and that decisions are not made as they would be for adults, ensuring fairness and the avoidance of criminalisation of children.
Pre Charge engagement with all parties involved in the child’s welfare consists of us taking over all correspondence with the police and third parties to protect the child’s interests and legal position. We assess the lawfulness of all police decisions, including the arrest and our client’s pre-charge options and what we can do to stop proceedings in their tracks.
Why Eventum Legal
Eventum Legal are dedicated sexual offence and domestic abuse lawyers and invest heavily in youth representation training and development for our lawyers. We are members of the Youth Justice Legal Centre, and partake in regularly in their legal seminars and development opportunities, which in turn arms us with the most up to date and informed knowledge and techniques when supporting children navigating the criminal justice system.
Our initial advice is free of charge, we will spend time with you to understand your case, circumstances and concerns. We will then map out a plan of action and discuss with you how we can help.