Age of criminal responsibility

The age of criminal responsibility in England and Wales is 10 years old. Children between 10 and 17 can be arrested and taken to court if they commit a crime.

What happens when I arrive at the police station?

The police must try to contact your parent, guardian or carer if you’re under 18. They must also find an ‘appropriate adult’ to come to the station to help you and be present during questioning and searching. An appropriate adult can be:

• your parent,
• guardian or carer
• a social worker
• another family member or friend aged 18 or over

The appropriate adult is expected to:

• Support, advise, and assist you when you are given, or asked to provide, information or participate in any procedure.
• Help you communicate, while respecting your right to remain silent unless you choose to speak.
• Help you understand your rights and ensure those rights are protected and respected.
• Observe whether the police are acting properly and fairly, and report to a senior officer if they are not.

You have the right to speak privately with your appropriate adult at any time while you are in police detention or attending a voluntary interview.

You must be told about your right to free legal advice after you’re arrested and before you’re questioned at a police station. You can:

• Ask for the police station’s ‘duty solicitor’ – they are provided free of charge, available 24 hours a day, and independent of the police.
• Ask the police to contact a solicitor, such as your family’s solicitor.

Before the interview, the solicitor will try to find out from the police what evidence they want to talk to you about. They will then speak to you privately and discuss your version of events.

Searching

The police can search you when you arrive at the police station and at any time while you are held in custody. 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; you must remove more than just your outer clothing. Such a search must be carried out by an officer of the same sex as you in a place where you cannot be seen by anyone who does not need to be there, and no one of the opposite sex is allowed to be there.

You can have an adult 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 I have someone with me when I am interviewed by the police?

You are entitled to have your solicitor and your appropriate adult with you when being interviewed by the police.

Do I have a right to silence?

Everyone has the right not to answer questions the police ask in an interview. However, it might not always be the best option. If you remain silent during your interview with the police and later explain your actions in court, the judge or jury might wonder why you didn’t say that to the police from the start.

How long can the police hold me 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 you have committed an offence. Another 12 hours can be added if they believe you have committed a serious offence. Sometimes, but not often, the police will ask the court whether you can be held for longer.

Can the police take photographs, fingerprints or other samples?

If you are 14 years old or younger, your parent or guardian must agree before the police take your photograph or fingerprints.

If you are 15 or 16, both you and your parent or guardian must agree before the police can take your photograph or fingerprints.

If you are over 16, the police can take your photograph even if you don’t agree. They can also take your fingerprints, even if you don’t consent, 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 disagree.

The police need both your consent and the consent of an adult you trust before they can take more intimate samples, such as blood and urine. You cannot be forced to give such a sample, even if you have been charged.

What happens with my fingerprints and other samples?

The police can keep your fingerprints or other samples (even if you are not charged). Please see the table below for timescales for keeping your data:

What happens if I am given a reprimand or a final warning?

The police might give you a reprimand or final warning instead of charging you. A reprimand will be given if this is your first minor offence. Therefore, if you have already been convicted of an offence, this is not a possibility. A final warning will be given if it is your first offence, but it is a serious offence or if you have received a reprimand before. A final warning will be referred to the Youth Offending Team.

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 solicitor. Any individual cannot receive more than two warnings. If you do receive a reprimand or a final warning, it will not mean you have a criminal record; instead, it will result in a police record.

How can I complain about police treatment?

You can complain about how you were treated by any member of the 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 Citizens Advice, and they will explain your rights and help you bring a complaint. You can also contact the Independent Office for Police Conduct.

What can I expect if you complain?

• The person dealing with the complaint will contact you to get the details.
• They should ask you what you want to happen.
• You can expect to be listened to and treated fairly.
• You will be kept updated about the progress of your complaint.
• You must receive an update every 28 days.
• When your complaint is finalised, you will be contacted about the outcome and any action that will be taken as a result.
• If you’re not happy with the result, you may be able to request a review.

What are the possible outcomes?

• The police may give you an explanation for what happened.
• The police may provide you with an apology.
• The police may change their policies and procedures.
• The officers involved could be given training and development.
• The officers involved could face disciplinary action.

What if the police charge me with a crime?

You can be charged if the police have enough evidence against you and will be given a charge sheet. 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, you will have to agree to certain conditions where you are allowed to go home. You can be arrested again if you do not stick to these conditions.

Between the ages of 12 and 16, you can be kept at the police station if they think you are a danger to the public. Usually, children and young people are generally released on bail unless the custody officer has a good reason to believe they should not be. The police can decide to detain you before trial if they think that you will not show up for court, you might commit more crimes, or it would not be safe for you to go home. If aged 17, you must be held in local authority accommodation before court.

The police will refer you to a Youth Offending Team, and they will work with you before and after your trial to determine why you have committed an offence and ensure that you don’t do it again.