Quick Answer: If you're under 18 and arrested, you have extra protections. Under PACE Code C, a juvenile must not be interviewed in the absence of the appropriate adult (subject to limited exceptions in the Code).[1] Code C also requires the custody officer (if practicable) to identify and inform a person responsible for the juvenile’s welfare, as soon as practicable, that the juvenile has been arrested and where they are detained.[1]
Special Protections for Young People
The law recognises that young people need additional safeguards in the criminal justice system. PACE Code C contains specific provisions for those under 18 to ensure they are treated appropriately and their rights are protected.
The Appropriate Adult
One of the most important protections for under 18s is the requirement for an appropriate adult to be present during:
- Police interviews
- Intimate and strip searches
- Charging and cautioning
- Any time the young person is asked to provide a sample (DNA, fingerprints)
- Reading and signing of important documents
Who Can Be an Appropriate Adult?
- Parent or guardian – the first choice in most cases
- Social worker – if parents are unavailable or unsuitable
- Other responsible adult – over 18, not a police officer
The appropriate adult's role is to support the young person, ensure they understand what is happening, and observe that the interview is conducted fairly.
Custody Conditions for Young People
PACE Code C includes juvenile-specific custody safeguards. For example, Code C provides that a juvenile shall not be placed in a police cell unless no other secure accommodation is available and the custody officer considers certain conditions are met, and a juvenile may not be placed in a cell with a detained adult.[1]
- Appropriate adult safeguards apply to interviews and key procedures.[1]
- Parent/guardian welfare notification is a specific requirement in Code C.[1]
- Cell placement limits for juveniles are set out in Code C.[1]
What Happens When a Young Person Is Arrested
- Arrival at custody: Custody officer assesses the young person's needs
- Inform welfare contact: Code C requires (if practicable) identifying and informing a person responsible for the juvenile’s welfare as soon as practicable that the juvenile has been arrested and where they are detained.[1]
- Appropriate adult arranged: Interview should not proceed without them, subject to limited exceptions set out in Code C.[1]
- Legal advice offered: Free and confidential
- Interview: With solicitor and appropriate adult present
- Decision: The police decide what happens next (e.g. no further action, bail, charge) depending on the case.
Interview Rules for Young People
PACE Code C contains specific safeguards for juveniles, including that a juvenile must not be interviewed in the absence of the appropriate adult except in limited circumstances set out in the Code.[1]
- Appropriate adult must be present throughout
- Police should follow Code C requirements throughout the interview process.[1]
Advice for Parents
- Go to the police station – Your child needs you as appropriate adult
- Request a solicitor – Legal advice is free and important
- Stay calm – Your support matters
- Don't discuss the case – Wait for legal advice first
- Take notes – Record times and what happens
Sources
- Home Office: PACE Code C (December 2023) – detention, treatment and questioning (see e.g. paras 3.13–3.14, 8.8, 11.15)—https://www.gov.uk/government/publications/pace-code-c-2023
Note: UK legislation changes. If something is urgent or unclear, get advice for your specific situation.
Key Takeaways
- ✓Under 18s must have an appropriate adult present during interview
- ✓Parents/guardians should be informed as soon as possible
- ✓Young people should not be placed in cells with adults
- ✓Free legal advice is available and highly recommended
- ✓Cases should be dealt with as quickly as possible
Frequently Asked Questions
What rights do under 18s have at a police station?
Under 18s have enhanced rights including: an appropriate adult must be present, parents should be informed, special custody conditions apply, and there are stricter procedures. Legal advice is free.
What is an appropriate adult for a young person?
An appropriate adult is usually a parent, guardian, or social worker who attends to support the young person. They ensure the young person understands what is happening and their rights are protected.
Can police interview a child without a parent?
No, police cannot interview a child without an appropriate adult present. If parents are unavailable, a social worker or other suitable adult must attend before interview begins.
Can a 16 year old be held in police cells?
Young people should not be held in cells unless absolutely necessary. If detained, they must never be placed with an adult. Police should seek alternative accommodation where possible.
How long can police hold a minor?
The same time limits apply as for adults, but police should aim to deal with young people quickly. Overnight detention should be avoided where possible.
Young Person Arrested?
If your child has been arrested or you need to act as appropriate adult, I can provide immediate legal assistance at any Kent police station.