What to Expect If You Are Arrested

When Arrested

Experiencing arrest can be an overwhelming and daunting ordeal, particularly if it's your first encounter with law enforcement. When the police detain you, they'll transport you to the custody suite at the nearest police station.

As a child, it's crucial to know your rights and entitlements during this process. This includes the right to receive free independent advice, whether from a solicitor you choose or through the duty solicitor. It's essential you tell the police about any health needs you may have, such as details about medications or specific health needs, to ensure your well-being while in custody. 

The Nottinghamshire Office of the Police and Crime Commissioner have made a short video with the Nottinghamshire Youth Commission about children’s rights:

• Click to View Know your rights (YouTube.com)

Upon arrest, you'll typically be taken to the police station for processing. If you're under 18, the police must try and contact your parents or carers. Additionally, you have the right to have an 'Appropriate Adult' present during police interviews. An appropriate adult, who must be over 18, can be a parent, caregiver, relative, social worker, or youth worker. If no-one is able to act as your ‘appropriate adult’, the Police will arrange for someone from the Appropriate Adult Service to attend.

• Visit TAAS | The Appropriate Adult Service Limited

The Police will interview you and this should always been done with your solicitor and appropriate adult present to provide support and guidance. If you don’t have a solicitor the police will arrange for a duty solicitor to attend. Your solicitor will speak to you beforehand to explain what is happening and will help throughout the interview.

Following the interview, the police will gather information related to the alleged offence to decide on what happens next. Their decision will be made on the basis of the evidence collected, the seriousness of the offence, if prosecution is in the public interest, and the likelihood of securing a conviction.

Depending on the circumstances, you may be released from Police custody while further investigations take place. However, for more serious crimes, you may be detained until you are due to appear in court.

For more information visit the government website; Being arrested: your rights: When you're arrested - GOV.UK (www.gov.uk)

After an arrest, the police determine the appropriate course of action based on various factors, including the nature of the offences and any admissions made during the interview. Below are the possible actions they may take: 

• Take no further action: In cases where the offence is deemed minor or lacks sufficient evidence, the police may choose to take no further action. 
• Arrange a community resolution: This involves agreeing to make an apology and agreeing to avoid further trouble. Participation may involve engaging in supportive activities, but it does not result in a criminal record. 
• Refer to the Youth Justice Service (YJS) for assessment for an Out of Court Disposal (OOCD).  Someone from the YJS will complete an assessment and you may be invited to participate in supportive activities as part of this process.  
• Charge with a criminal offence: In serious cases or you do not admit the offence, the police may send you to Court to be dealt with.