What special rights do young people under 18 have when arrested or detained?

Young people under the age of 18 have additional protections in the police custody process, reflecting the recognised vulnerability of juveniles and the principle that the criminal justice system should deal with young people differently from adults.

As soon as a juvenile is brought to a police station, the custody officer must contact their parent or guardian, or if that is not possible, the local authority, to arrange for an appropriate adult to attend. The appropriate adult is not a legal adviser: they are there to ensure the young person understands what is happening, to support them, and to observe that the interview is conducted properly. They can speak to the young person privately.

Crucially, a juvenile cannot be interviewed by police without an appropriate adult being present. If the appropriate adult is not there, the interview cannot take place (with narrow exceptions in cases of urgent necessity such as an immediate threat to life). This applies even if the juvenile themselves says they do not want an appropriate adult.

The right to free legal advice applies equally to juveniles. The appropriate adult does not replace the right to a solicitor: both can and should be present.

Juveniles should not be placed in a cell unless there is no other secure accommodation available, and they should not share a cell with an adult. They must be visited more frequently by the custody officer.

If a juvenile is charged, they will usually be bailed to appear before a youth court rather than a magistrates court. The youth court operates differently from adult courts, with an emphasis on rehabilitation, and proceedings are held in private.

Key Points

• An appropriate adult must be contacted immediately for any juvenile detained at a police station
• Police cannot interview a juvenile without an appropriate adult present
• The appropriate adult is different from a solicitor: both should be present
• Juveniles have the same right to free legal advice as adults
• Juveniles should not be placed in a cell unless there is no alternative
• Juveniles should not share a cell with an adult detainee
• If charged, juveniles will usually appear before a youth court, not a magistrates court
• The custody officer must visit juvenile detainees more frequently