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Young people's rights and the law
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Children (aged over 10 and under 14) and young people (aged 14 and under 17) have special rights under the law, and are covered by different laws to adults.
The law:
- protects the rights of children and young people
- holds them accountable when they do commit offences
- encourages them to accept responsibility for their behaviour, to help them learn from their mistakes and to develop in a responsible and socially acceptable way.
The Children, Young Persons, and Their Families Act 1989 takes a child’s or young person’s age into account when considering offending. It tries to keep young people out of the criminal justice system, so Child, Youth and Family manages young offenders, rather than the adult justice system.
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Your rights
If you are questioned by the police you should try to assist them with their enquiries. However, you do have rights.
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Being informed of your rights
A police officer is obliged to inform you of your rights:
- if they have reasonable grounds to suspect you have committed an offence
- before asking you any question intended to get you to admit you are guilty of an offence
- if you are arrested or charged with an offence
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If you are questioned by a police officer
- You should give your name and address.
- You can ask at any time during the questioning to have your rights explained to you clearly. They must be explained in a way you can understand.
- You don’t have to go with the Police, if they want to take you anywhere else for questioning, unless you want to. If you agree to go, you can change your mind at any time. However, if you have been arrested, you must go with the Police.
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Talking to a lawyer
You are entitled to consult a lawyer in private.
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Making a statement
- You don’t have to make or give a statement. Be aware that any statement you make may be used in evidence.
- If you do agree to give a statement, you may change your mind at any time.
- When you give or make a statement, your lawyer or an adult nominated by you, or both, must be present to support you. If you don’t name someone, the Police must ask some other adult to be with you. This person cannot be a police officer.
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Being arrested
Generally, the Police try to avoid arresting young offenders. The law says that criminal proceedings should not be used against young people if there is some other way of dealing with the matter. When the offence is serious the Police may make an arrest.
The Police must have a warrant to arrest you unless:
- you are suspected of a particularly serious crime and your arrest is required in the public interest
- the Police believe you won’t turn up in Court
- to stop you committing further offences.
When you are arrested you must go with the Police to the police station.
After you have been arrested you will usually be released on bail.
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