CLP 8 Youth Arrest

Question 1

When should a person be treated as under 18 at the police station?

Answer 1

Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile

Question 2

Who should be informed of the juvenile’s arrest?

Answer 2

• The person responsible for the juvenile’s welfare
  AND
• appropriate adult

must be informed as soon as practicable that the

• juvenile has been arrested,
• why he has been arrested
• where he is being detained.

Question 3

Can the appropriate adult instruct a solicitor on behalf of a juvenile?

Answer 3

Yes

Question 4

Can the appropriate adult meet with the juvenile in private?

Answer 4

Yes

Question 5

Can a Youth meet with their Solls without an AA

Answer 5

Yes

Question 6

Who can authorise an interview with a Youth without an AA present?

Answer 6

Superintendent

Question 7

What happens if a Juvenile is cautioned in the absence of an appropriate adult?

Answer 7

The caution must be repeated in the AA’s presence

Question 8

Can a Juvenile consent to an ID procedure by themselves?

Answer 8

No, the consent of the juvenile’s parent/guardian, as well as their own, is required for participation in any ID procedure.

Question 9

If a youth is detained for court, where should they be placed?

Answer 9

local authority accommodation unless:

• it is impracticable for the custody officer to do so i.e. physically impossible; or
• in the case of a youth aged 12 – 17, no secure accommodation is available and other local authority accommodation would not be adequate to protect the public from serious harm.

Question 10

What additional consideration is there as to whether a youth should have bailed refused?

Answer 10

Detained in his “own interests”

Question 11

Where the youth has been arrested pursuant to an alleged breach of bail or breach of remand conditions, can the youth can be detained in police custody in the first instance?

Answer 11

Yes.

Question 12

Who can act as an AA?

Answer 12

the parent, guardian or anyone else with parental responsibility;

a social worker; or

any other responsible adult who is not a police officer.

Question 13

Can an AA insist to be in the room with a suspect and their solicitor?

Answer 13

No

Question 14

Which Court would a youth first attend (if not jointly charged with an adult)?

Answer 14

Youth Court

Question 15

Who Cannot act as an AA?

Answer 15

• are suspected of involvement in the offence;
• are the victim;
• are a witness;
• are involved in the investigation; or
• have received admissions prior to attending to act as the AA.
• A solicitor or independent custody visitor who is present at the police station and acting in that capacity, may not be the appropriate adult.
• An estranged parent should NOT be asked to act as AA if the juvenile specifically objects to it.

Question 16

In what circumstances can a Youth Caution be given?

Answer 16

• the police are satisfied that there is sufficient evidence to charge the youth with an offence;
• the youth admits the offence to the police;
• the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence.

——————————————

• The police cannot issue a youth caution for an offence that is indictable only in the case of an adult without the authority of the CPS.
• There is no statutory restriction on the number of youth cautions that a youth can receive, and a youth may receive a youth caution even if he or she has previous convictions, reprimands, warnings, youth cautions and youth conditional cautions.