Young People and Criminal Offences
If a young person is 17 or under then, for the purposes of criminal proceedings, the law classifies them as a youth or juvenile. The following is a step-by-step guide to what you can expect when a youth is arrested or being investigated by police.
The Police Station
The Police have special duties and obligations so far as youths are concerned that do not apply to adults.
Firstly, as a parent or guardian of the youth arrested, the Police should contact you to inform you of the juvenile's arrest as soon as possible. You may also be required to attend the station to ensure the young person is fully apprised of their rights and entitlements when detained, which will include sitting in on the interrogation and ensuring the Police act fairly towards the youth (you are not required to give legal advice). This is known as acting as an appropriate adult ('AA') and one is required in all cases involving youths or those who appear to be youths.
If the parent or guardian is not available, the Police will instead secure the attendance of a family member or someone closely connected with the juvenile. The AA must be over 18 with no convictions and unrelated to the investigation. In the event that someone close cannot be contacted, a member of the Local Authorities or Social Services will normally be present.
The Police can detain a young person for 24 hours before charge however, unlike adults, the Police will take extra care to ensure that the juvenile is dealt with promptly and kept detained in a cell for as little time as possible. They are also required to ensure the youth returns home safely after being released from custody.
The first stages after arrest will be similar to that of an adult. The youth will be brought before the custody sergeant and explained why they have been arrested. They will be searched with fingerprints and DNA taken. They will be asked if they require legal advice either through their own named solicitor or the duty solicitor. The Police will normally take on board the wishes of the parents whether the youth should have legal representation and who to appoint. As for adults, legal advice at the police station is free, independent of the police, and available at any time.
The Police Interview
The youth will usually then be interviewed by the Police under caution, and asked a number of questions about their alleged involvement in the offence for which they have been arrested. The interview may take place several hours after the original arrest, depending on the fitness of the youth and how the investigation has developed since arrest.
Their responses will be recorded on tape and may be used as evidence against the youth or relied upon in their defence at a later stage should the matter proceed to court. What the youth says or does not say during the police interview is also likely to impact on the case disposal. The length of the interview will vary based on the circumstances of the case and can last anywhere from a few minutes to several hours, and in the most serious cases there may be a series of interviews over a period of days, though this is rare.
Whether to co-operate with the Police during interview and to what extent is a critical decision to be made at the police station for the reasons stated. To make a fully informed decision, it is best to consult a solicitor or legal adviser. Some of the questions that solicitors are likely to ask themselves before advising are as follows:
- Does the youth have a legal defence to these allegations and is their account likely to be reliable under police scrutiny?
- Do the Police currently have enough evidence to charge the youth with an offence, and are further enquiries likely to produce further evidence that may harm the youth or disprove their account?
- If the youth does not have a defence, are they likely to be given a youth caution if they admit to the offence in interview?
- How would the youth feel about co-operating with the Youth Offending Team and receiving a caution?
- How would they feel about going through the court process?
- Is the youth likely to change their story?
- Can their story be disproved now or later?
- Have you been given enough information by the Police about the allegation to advise the client properly?
- What is likely to happen at court?
- What does the youth want to do during interview?
If using a solicitor, he or she will explain the procedure, the elements of the offence that will need to be proved, whether there is a defence, and whether it is likely to appear credible to the Police and/or the Court. The pros and cons of co-operating with the Police in light of all the circumstances will then be carefully considered with the youth.
Post Interview
Once interviewed, the officer in the case, along with the custody sergeant or prosecuting body, will come to a decision as to what to do next. The juvenile will either be charged with one or more offences, bailed pending further inquiries, no further action taken, or given a youth caution.
Youth Cautions
As from April 2013, a juvenile can receive a youth caution in certain circumstances at the discretion of the Police. This replaces the old system of reprimands/final warnings/conditional cautions. The main conditions are that a youth admits the offence to police, that there is enough evidence to charge the defendant, and that the Police consider this disposal as appropriate and proportionate. In certain circumstances, the Police will have to refer the matter to the CPS who will make the decision. They will consider all matters when exercising discretion, such as the seriousness of the offence, the age of an offender, and their criminal history.
If a youth receives a caution, this will NOT be a criminal conviction and is considered immediately spent, and there is nothing that precludes a youth receiving multiple cautions. The granting of a caution will invariably result in the Police referring the young offender to the Youth Offending Team (YOT) who will subsequently make an assessment on the youth and are likely to intervene to create a program to prevent the youth from re-offending in the future.
If the youth is not suitable for a caution then they will either be charged, or no further action will be taken.
Charge
If charged with an offence, this is because a caution is not deemed suitable for one or more reasons. Ordinarily upon charge, the defendant will be bailed to attend the local Youth Court at a date specified by police, and they will be brought before the custody sergeant to explain the offence they are being charged with. Normally, the court date will be seven to ten days from the date of charge but will vary regionally. Sometimes bail conditions can be added to the charge sheet, such as non-contact with the person making the complaint or with any witnesses, or a requirement that they reside at a particular address until the court hearing.
The Police may refuse bail only in exceptional circumstances e.g. if they have substantial grounds to believe that defendant will commit further offences on bail, or if the offence is so serious the presumption of bail does not apply, or that if the police believe that he will fail to attend court. They may also do so for the youth's own protection. This decision will be taken by a custody sergeant having received representations from the officer in the case and/or the youth's legal representative. Under these circumstances the youth will be immediately brought before the local court at the next available sitting to answer the charge(s).
Stay tuned for 'Youth Crime Part 2' for information on post-charge.
If you require any legal assistance on this or related issues, please contact us by calling us on 020 7387 2032 or by completing our online enquiry form here.
