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The police can’t stop, search or arrest you until you’re 18.
Over the age of 10 you can be arrested and charged the same as anybody else.
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Being stopped and searched means you’ve been arrested.
False. If you’re being arrested the police will tell you your rights and that you’re under
arrest.
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If the police think there may be violence can they search everybody there?
Yes if the police believe there may be violence somewhere e.g. at school or a club, then they can search everyone there without needing a separate reason for each person. |
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You're allowed to contact someone if you are arrested.
True. If you’re under 18 your parents would normally be informed anyway.
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If you’re arrested your parents would have to pay for a solicitor.
False. Your parents will not necessarily have to pay for a solicitor. They may be able to get help through the legal help scheme (although this depends on their income) or arrange an interview on a fixed fee basis (many solicitors offer a free initial interview). If you have been taken to the police station you do not necessarily have to use their duty solicitor; you can request your own solicitor.
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You can be arrested at school without your parents knowing.
False. If you are under 17 the police have a duty to inform the ‘appropriate adults’ if you are taken to the police station. Usually this would be your parents except if your parents are suspected of involvement in the crime OR are a victim or witness. If you are estranged from them it could be a local authority or social worker.
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Under 18s can’t be detained in a cell at the police station.
False. Anyone over the age of 10 can be detained in a cell if there is nowhere else for you to stay while in the police station.If you're under 18 you cannot be held in a cell with an adult over the age of 18.
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You can have an adult with you while you’re questioned by the police.
True. If you're under 18 you can choose to have an adult with you while questioned. If you choose to do so the police must wait for the adult to arrive before questioning begins.
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If you’re arrested you have to go to court.
False. Even if you are arrested it does not necessarily mean that you will have to go to Court. When you're arrested the police pass information to the Crown Prosecution service who will then decide whether prosecution is justified. You have to be issued with a Summons in order to be taken to Court.
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If you’re under 18 only the police can prosecute you.
False. There are two ways you can be prosecuted for a criminal offence, of which one is being arrested by a police officer. However the other is if a relevant authority like Customs and Excise OR a private individual, like a neighbour, passes information to the Courts that then issues a summons for you to attend court.
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If you're searched what do the police have to record?
If you're searched, the police must record the following:
Your name; why they searched you; when and where they searched you; what they were looking for and if they found anything; and the name of the officer who searched you.
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If you're arrested you can refuse to answer any questions the police ask you.
True. You don’t even have to say ‘no comment’. But if you don't say anything they can tell the court this and that might be used against you by the prosecution.
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The police cannot hold you for more than 24 hours without charging you with a crime.
False. The police can, for a serious offence, hold you up to 96 hours (4 days) providing they obtain a warrant from the Magistrate’s Court.
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If you’re found guilty of a serious crime it will be on your record all your life.
True. Although many criminal convictions become ‘spent’ after a fixed period of time, (this means that you don’t always have to declare them) they are still held on record. But any conviction where you were sentenced to prison for more than 2 ½ years can never be spent, meaning that you will always have to declare it. Also, although formal cautions, reprimands and warnings are not criminal convictions some cautions will appear on the Police National Computer for at least five years. If you're cautioned for a serious sexual offence you will stay on the National Sex Offender Register for a minimum of five years. Situations where you’re asked to declare a conviction include taking out an insurance policy, applying for a job or applying for a visa. In cases where you are asked to declare a conviction you would not always have to declare a caution.
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If you are charged and told that you will have to go to court, you will usually be released ‘on bail
True. Unless the court date is within 24 hours then you’ll probably be detained by the police. You may also have to wear an electronic tag.
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