What happens if I or my child gets arrested?
You will be taken to a police station, held in custody and then questioned. You should be notified of your rights when you first arrive at the police station. These rights include:
- notification of the parent/carers
- access to legal advice, police code of practice
- meals, breaks etc
Find out more about your rights when being arrested (external link).
You will be searched and your possessions will be kept by the police until you leave.
If you are under 17, you have the right to have an adult present and should be allowed to talk to the adult in private. This does not have to be your parent; it can be an "Appropriate Adult". The Appropriate Adult will not provide legal advice.
Find out more about the Appropriate Adult Service (external link).
You can be at the police station for up to 24 hours (or 36 - 96 hours for serious offences) therefore it is vital to get legal help and guidance. A solicitor can help you prepare for the police interview and offer advice. If you do not have a solicitor, then a duty solicitor can be called, please ask the police custody officer.
During questioning, the police will speak to you about the crime you are suspected of. This will be recorded. You do not have to answer questions but there could be consequences if you do not. The police will read this caution:
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
If you have a social worker, then please contact them to notify them. For emergency support out of working hours (after 5pm evenings and weekends) please ring 020 8489 0000.
Disposals – when you do NOT have to go to court (Out-of-Court Disposals)
Community Resolution
This is issued by the police for low-level crime, primarily aimed at children and young people who become involved in offending for the first time where they have admitted guilt. You will not need to go to court and this will be issued in the community. You will be offered a short-term intervention with the Youth Justice Service (YJS) although this is on a voluntary basis. This will not be included on your criminal record report (PNC report).
Triage
Triage is an informal process where you will be diverted from the criminal justice system. This is only where a minor offence has been committed. You would have admitted guilt and will be asked to attend appointments with the YJS. This will not be included on your criminal record report (PNC)
Youth Caution
A Youth Caution may be given by the police for any offence where you have made a full admission, there is sufficient evidence for a realistic prospect of conviction, but it is not in the public interest to prosecute.
The interventions attached to a Youth Caution are not conditional and there is no separate penalty for failing to comply with them; however, failing to comply with this intervention can be mentioned in any future criminal proceedings
Youth Caution with conditions
The eligibility criteria for a Youth Conditional Caution is the same as for a Youth Caution, with a full admission of guilt being required. In the case of Youth Conditional Cautions however, the YJS and the police will agree on a package of interventions necessary to prevent re-offending. You must agree to accept both the Youth Conditional Caution and the conditions attached. The police will not agree conditions which are to be delivered to you without prior agreement.
The intervention package may include:
- community reparation activity to make good the damage caused by the offence
- direct reparation to any victim or victims, including writing a letter of apology
- brief cognitive behavioural work to address the thinking and attitudes behind the decision to offend
- interventions to address specific offences, such as substance misuse, weapons awareness health etc
The support may include offending behaviour, consequential thinking, substance misuse or help with education provision. If you fail to engage with the interventions, the police may decide to refer the matter back to court for you to be prosecuted.