childRIGHT In a Nutshell: Children's rights at the police station

At what age can children be convicted of an offence?

Children in England and Wales can be convicted of a criminal offence from the age of 10, and special rights and procedures apply to young people up to the age of 17.

Who can be an appropriate adult and what is his or her role?

All those aged up to 17 apprehended by the police and brought to the police station must be provided with an appropriate adult who is a responsible adult. Usually this will be a parent of the child. But if the parent is unable or unwilling to be present, the appropriate adult can be another adult, preferably someone who is known to the child. Increasingly, appropriate adults are being provided by specially trained groups of volunteers or workers. The child should trust the appropriate adult and the appropriate adult should be present to safeguard the welfare of the child while in police custody. The main concern of the appropriate adult should not be the guilt or innocence of the child, but the child's physical, mental and emotional welfare, including ensuring that the child is not mistreated or unfairly questioned by police.

What information should children be given on arrival at the police station?

On arrival at the police station, the custody officer must give the child a written notice setting out his or her rights, including: the right to have someone informed of their arrest; the right to consult privately with a solicitor and that the solicitor is available free of charge; and the right to consult the Police Codes of Practice. The custody officer must also explain the role of the appropriate adult. If an appropriate adult is not present on the child's arrival at the police station, the child's rights must be confirmed in the appropriate adult's presence.

In what circumstances can a police interview be conducted?

Any police interview with a young person must be conducted under caution. A caution informs the suspect about their right to silence, and the child should be told: "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 say may be given in evidence." Young people must not be interviewed without an appropriate adult, except if certain circumstances apply.

During a police interview, the appropriate adult should advise the person being questioned (though should not give legal advice), observe whether the interview is being conducted properly and fairly, and facilitate communication with the person being interviewed. The appropriate adult must also ensure that the child understands the caution.

How long can a child be detained at the station?

A child who is suspected of an offence may be detained by the police for up to 24 hours. This can be extended for a further 12 hours by a superintendent, depending on the circumstances. Any further extension of the remand detention of a child must be authorised by a magistrates' court by way of an application from the police. The court may allow an extension up to a maximum of 96 hours without charge. However, all persons in police detention must have their cases dealt with promptly and must be released as soon as the need for their detention has ceased.

For more information on the rights of children and young people at the police station, order your copy of At the Police Station: Children and Young People's Rights from www.childrenslegalcentre.com or by calling 01206 877910.