All eyes have been on the new Netflix documentary Adolescence, the story of a 13 year old who is arrested and taken into police custody for murder. There has been a lot of controversy over how realistic the portrayal of the teens arrest and time spent in custody is, in this blog we explain exactly what a youth should expect when facing arrest and police questioning for a criminal offence. 

Being accused of a sexual offence for anyone is incredibly frightening, even more so for a child who may be arrested using force and taken to police custody without warning. It can be assumed that a child does not have the level of understanding as that of an adult, and therefore will have no appreciation of their legal rights when they are arrested and during their time in police custody. Children often view the police as a point of safety, and therefore can trust them and just give their side of the story for the matter to resolve. This cannot be further from the reality of a police interview and investigation, therefore obtaining legal advice regardless of your innocence or guilt is essential. 

Can The Police Arrest a Youth? 

Yes, youths can be arrested where they are suspected of having committed a criminal offence, about to commit an offence or in the process of committing an offence, and the arresting officer has reasonable grounds to believe that an arrest is necessary.  However, government guidance strongly suggests that where possible the arrest of a youth should be avoided due to the criminalisation of the youth and impact this can have on their future. 

At Eventum Legal we strive to avoid arrests for all clients, engaging with police to carry out interviews on a voluntary basis. Although an arrest cannot be avoided in all cases, with specially drafted representations and references made to police guidance and procedures, youth arrests are often successfully avoided when our team are instructed at the earliest possible stage. 

What Should You Do If You Are Arrested? 

When a youth is arrested for a sexual offence there may be initial feelings of shock, embarrassment and fear. Although difficult it is important to remain calm, not to provide any response to the police and to ensure you exercise your right to legal representation, even though you are innocent. 

There are special protections put in place for youth suspects, instructing a specialist lawyer with youth work experience is essential to ensuring you are properly protected and ready to defend the allegations. Our team spend a considerable number of hours per year undergoing specialised youth lawyer training, this equips us with the up to date knowledge and skills, in addition to our legal training, to represent youths in custody and during court proceedings.  

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.


Contact Our Youth Team

We Can Help With

What Is A Sexual Harm Prevention Order?

By Jess Wilson • June 15, 2025
Do you want to know more about sexual harm prevention orders? Read our latest article to learn more. Eventum Legal can help with SHPO's.

How Many Indecent Image Cases Get Dropped?

By Jess Wilson • June 13, 2025
Have you been charged with indecent image possession? Do you want to know how many cases get dropped? Read our latest article to learn more.

“Consent” & “Reasonable Belief” in Relation to Sexual Abuse

By Jess Wilson • June 11, 2025
Understanding the difference between “consent” and “reasonable belief” can be key if you are being investigated or prosecuted for a sexual offence, where these two issues can arise. These are not just technical legal terms; they are real-world concepts that can affect the outcome of serious sexual abuse cases. At Eventum Legal, our aim is to help people grasp these important ideas so that they know where they stand, whether they’re seeking justice, facing an accusation, or just wanting to be informed. Consent and the Law: What Does It Mean? When it comes to sexual activity, the law makes it very clear that “consent” isn’t just about saying yes or no. Consent means agreeing by choice, having the freedom and capacity to make that choice, and being able to change your mind at any time, even if the sexual activity has begun. The Sexual Offences Act 2003 states that a person consents if they agree by choice and have the freedom and capacity to do so. In practical terms, this means no one should be pressured, forced, or tricked into sex. If someone is too drunk, too scared, or otherwise unable to decide, they cannot legally give consent. This applies also to issues with mental capacity where someone may not have the understanding or ability to give informed consent. When establishing whether consent or reasonable belief applies, the courts examine everything that happened, how the people involved acted, what was said, their relationship, and whether any threats were made. It’s not about just hearing a yes or no, but about whether the agreement was truly given, freely and knowingly, at the time. Reasonable Belief: The Other Side of the Coin While “consent” focuses on the person on the receiving end of sexual activity, “reasonable belief” is about the perspective of the person accused of the crime. UK law says it’s not enough for someone to claim they thought the other person was consenting. The belief that consent existed must be reasonable; it must meet the standard of what a reasonable person would think in those circumstances. This comes down to two questions: did the accused genuinely believe the other person was consenting, and would a reasonable person, knowing what the accused knew and considering everything that happened, have reached the same conclusion? It’s not a defence to say, “I just thought it was okay,” if evidence, actions, or common sense didn’t back that belief up. Courts look at whether the accused checked for consent, paid attention to what was happening, and took steps to make sure everything was agreed upon. How the Law Applies These Concepts The distinction between consent and reasonable belief matters because everyone is responsible for ensuring that consent is present, not just assuming or hoping it is. The prosecution in a sexual offence case has to prove that there was no consent or that the accused did not have a reasonable belief that consent existed. To judge this, courts examine the context: Were both people sober and able to make decisions? Was there clear, positive agreement? Did one person ignore signs of hesitation or discomfort? In cases where someone is very intoxicated or unable to communicate, the law presumes that there is no consent, and it is challenging for anyone to claim a reasonable belief otherwise. However, where alcohol is in question the issue can become complex as we all have difference alcohol tolerances, what may be too drunk to one person, could be different to the other. Therefore, working to establish the intoxication and affect is crucial for lawyers in some cases. In cases where it can be proven that that someone was too drunk to speak or move, and the accused says they thought there was consent just because the person didn’t say “no,” the court is unlikely to accept that as reasonable. The law expects people to check in with their partner, look for positive signs, and stop if there’s any doubt. Clearing Up Common Myths Many misunderstandings exist about how consent and reasonable belief work in real life. One myth is that if someone doesn’t say “no,” they must have agreed. The absence of a “no” is not the same as a “yes.” Another myth is that if two people are in a relationship or have had sex before, consent is always assumed. Every sexual act requires consent, every time. Some people also believe that as long as they honestly thought there was consent, that’s enough. But the law sets a higher bar: the belief has to be reasonable, meaning it must be backed up by what happened and what a reasonable person would think. In our digital age, misunderstandings can easily happen through text or online communication. Courts are aware of this and look at all available evidence, including messages and social media, to determine what happened. Other avenues of evidence exploration can include CCTV footage and witnesses. Why These Legal Standards Matter The way UK law approaches consent and reasonable belief has changed over time. In the past, people could argue they had an “honest” belief in consent, even if it wasn’t reasonable. That changed with the Sexual Offences Act 2003, which now requires honesty and reasonableness. This protects people from harm and ensures that the law takes the experiences and choices of everyone involved seriously. These rules are designed to keep people safe and ensure everyone’s rights are respected. The law encourages open communication, respect, and responsibility. It expects everyone to look for clear signs of agreement and to stop if there is any doubt or hesitation. What To Do If You’re Involved In A Sexual Offence Case Suppose you’re facing a situation involving consent or reasonable belief and you as the accused want to prove that either of these legal requirements existed, then you must seek legal advice and engage with specialist lawyers who can navigate the complexities of the key legal issues in sexual offence cases. These cases can be stressful and complex, and every detail matters: what was said, what was done, and what steps were taken to ensure everyone agreed. At Eventum Legal, we specialise in helping people understand their rights and responsibilities. We listen, explain your options in straightforward language, and support you throughout the process, always with respect and confidentiality.  Whether you’re seeking justice, defending your reputation, or simply want to know your rights, we’re here to help. Frequently Asked Questions What is the difference between consent and reasonable belief? Consent is when a person freely agrees to a sexual act. Reasonable belief is whether the accused genuinely and reasonably believed that consent was given, based on all the facts. Can someone be convicted if they misunderstood consent? Yes, if their belief in consent wasn’t reasonable. The court looks at the whole situation, not just what the accused thought. How can I protect myself or prove consent? Open communication and ensuring everyone is comfortable and willing are the safest approaches. If you’re worried about misunderstandings, keep records of conversations. Where can I get help or advice? Contact Eventum Legal for confidential, expert support tailored to your needs.
More Posts