What happens during an arrest of a child?

If the police have reasonable grounds to believe that your child has committed an offence, they can arrest them. The child should be informed of the reason for their arrest and that they are being detained. They also must be cautioned which means that they must be told that they have the right to silence and that anything they say will be recorded and can be used in court.

The welfare and well-being of the child are paramount. The police must consider the child’s age, maturity, and any special needs when dealing with them. This includes considering any vulnerabilities, such as mental health issues or learning disabilities.

If your child is arrested, the police are under a duty to contact the parent or guardian, so you should be informed as soon as your child is booked into custody.  They will ask you to attend as your child’s appropriate adult so that the young person can be informed of their rights and entitlements and to have their fingerprints and DNA taken. You will usually be able to have a private consultation with your child at the station. However, there can sometimes be a delay between you attending the police station and being allowed in to see your child, and this can be very frustrating.

Can your child be stopped and searched?

There isn’t a minimum age for a person to be stopped and searched. So, even though children are not criminally responsible until they are 10 years old, meaning they cannot be arrested or charged with a crime until this age, they can still be stopped and searched. In 2021-22, police this happened 94,975 in England and Wales. The rights and regulations of stop and search are exactly the same as they are for an adult so you can find out more about the strict guidelines on stop and search procedures here.

Does a stop and search mean my child is in trouble?

If your child is stopped and searched it doesn’t mean they’re in trouble, or that they’ve done anything wrong. Most searches don’t result in any further action being taken. Some legal powers allow officers to conduct random searches on any passers-by and they may not have any particular reason to suspect your child. Some individuals or groups may be targeted unfairly as a result of prejudice and discrimination. Police data for England and Wales shows that black people are stopped and searched by police at more than five times the rate of white people, while Asian people are stopped and searched at twice the rate of whites.