If you are arrested
What happens when you arrive at the police station?
Can you have someone with you when you are interviewed by the police?
Do you have a right to silence?
How long can the police hold you at the police station for?
When can the police search you at the police station?
Can the police take photographs, fingerprints or other samples?
What happens with your fingerprints and other samples?
What happens if you are given a reprimand or a final warning?
How can you complain about police treatment?
What if the police charge you with a crime?
For more detailed information, follow this link to purchase the Children’s Legal Centre’s detailed publication At the Police Station.
What happens when you arrive at the police station?
When you arrive at the police station you should be told what your rights are (these will be written on a piece of paper but if you don’t understand what it all means you should ask questions).
You have the right to:
• Have someone told that you have been arrested (for example, you might ask a police officer to call your parent/s or guardian/s)
• To have a lawyer and to talk them on your own/ in private
• If you are under 17 years old, you also have the right to have an adult with you at the police station and to talk to them in private if you want to.
Can you have someone with you when you are interviewed by the police?
Yes, if you are under 17 years old then you should have someone with you when you are interviewed. This person can be your parent, carer, guardian, social worker or anyone else that you know and trust to be with you during your interview. This person is there to make sure that you are treated right and that all your rights are respected.
Do you have a right to silence?
No, not really. When the police arrest you they will caution you, this is when they say ‘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….’.This means that if you remain silent in your interview with the police and then later explain your actions when you are in court, the judge and jury might wonder why you didn’t tell your side of the story to the police from the start. They might then decide not to believe what you have said in court.
How long can the police hold you at the police station for?
There are limits on how long the police can hold you at the police station before they charge you. You can be held for 24 hours if the police think that you have committed an offence. Another 12 hours can be added onto this if the offence they think that you have committed is serious. Sometimes, but not often, the police will ask the court whether you can be held for longer. The court can only allow the police to hold you for an extra 96 hours (4 days) before you are charged.
When can the police search you at the police station?
The police can search you when you arrive at the police station and at any time while you are held in custody (held at the police station).
If the police think that you might have something hidden on or in your body they can do a strip search. This is an intimate search and you will need to remove more than just your outer clothing. Such a search must be carried out by an officer of the same sex as you, in place where you cannot be seen and no-one of the opposite sex is allowed to be there. If you are under 17 years old, you should have an adult that you know and trust with you (your parent or guardian for example) although you don’t have to have them there if you don’t want to.
Can the police take photographs, fingerprints or other samples?
If you are 14 years old or younger, your parent/s or guardian/s have to agree before the police take your photograph or your fingerprints.
If you are aged 15 or 16 both you and your parent or guardian have to agree before the police can take your photograph or fingerprints.
If you are older than 16 the police can take your photograph even if you don’t agree. The police can also take your fingerprints even if you don’t agree to this if they need this information as part of their investigation.
As part of their investigation, the police might also want to take samples of your hair, nails, saliva and other things that can easily be removed from your body. If you haven’t been charged, the police need both you and an adult that you trust to agree before they can take these samples, but there are times when they can take these samples even if you don’t agree. If you have been charged, the police can take such samples even if you don’t agree.
The police need both you and an adult that you trust to agree that it is OK before they take more intimate samples such as blood and urine. You can’t be made to give a sample like this even if you have been charged.
What happens with your fingerprints and other samples?
Your fingerprints or samples can will be kept by the police (even if you are not charged), but can’t be used for anything other than detecting or investigating a crime in the future.
What happens if you are given a reprimand or a final warning?
The police might decide to give you a reprimand or final warning instead of charging you. A reprimand will be given if this is your first minor offence. A final warning will be given if it is your first offence but it is a serious offence or if you have previously received a reprimand.
Before the police can give you a reprimand or final warning they must have enough evidence to prove that you committed an offence and you must admit that you committed the offence.
Reprimands and final warnings go on your record and can be used against you if you have more trouble with the police so only accept one if you are guilty of an offence, and after speaking to a lawyer.
How can you complain about police treatment?
You can complain about how you were treated by any member of police staff. The best way to start is to complain to the custody officer before you leave the police station. There are many services that you can contact who will help you to make a claim. For example, you can contact the Citizen’s Advice Bureau or Connexions and they will explain what your rights are and help you to make a complaint. You can also contact the Independent Police Complaints Commission and make a complaint online.
What if the police charge you with a crime?
You can be charged if the police have enough evidence against you. The police then have to decide whether to let you out on bail until the time of your trial (this means that you can go home until you go to court) or whether you will need to be detained until your trial.
Usually, children and young people are released on bail unless the custody officer has a good reason to believe that you should remain in detention. The police can decide to detain you before trial if they suspect that you will not show up for court, you might commit more crimes or if it would not be safe for you to go home.
The police will refer you to a Youth Offending Team, and they will work with you before and after your trial to try to work out why you have committed an offence and make sure that you don’t do it again.
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