Guidance

Children and vulnerable adults in police custody

Learn what happens when a child or vulnerable adult is in police custody, including rights to legal advice, an appropriate adult and support with health or communication needs. This guide also explains custody time limits, what happens after charge and how Youth Offending Teams can help.

From:
Criminal Justice Hub
Published
Last updated
Applies to
England and Wales
All sections on this page

If police are dealing with a child or vulnerable adult

Police must take extra care where someone is under 18 or may be vulnerable. If this applies to you or someone you are supporting, tell police about any health, communication or safeguarding need as soon as possible.

You can ask:

  • whether the person is under arrest or free to leave;

  • whether they can speak to a solicitor privately and free of charge;

  • whether an appropriate adult is needed;

  • for an interpreter, including British Sign Language support;

  • for help understanding information, reading or writing;

  • for medication, medical attention, food, drink, rest or a break; and

  • for an explanation in plain language.

An appropriate adult and a solicitor have different roles. An appropriate adult supports understanding, communication and fairness. A solicitor gives legal advice. A person may need both.

The age of criminal responsibility

In England and Wales, the age of criminal responsibility is 10. A child under 10 cannot be arrested, charged or prosecuted for a criminal offence.

Police, social services and other agencies may still take action to protect a child or other people where there are safeguarding concerns.

Children aged 10 to 17 can be investigated, arrested, charged and prosecuted for criminal offences. But arrest and court are not automatic outcomes. Depending on the circumstances, police and youth justice services may consider diversion, an out of court disposal or no further action.

Read more about the age of criminal responsibility.

What happens when a child is arrested?

If police arrest a child and take them to a police station, a custody officer must consider the child’s welfare, rights and any need for support. A police interview is not automatic in every case.

Police should contact the person responsible for the child’s welfare as soon as practicable and arrange a suitable appropriate adult. This might be a parent, guardian, carer, social worker or another suitable adult. A parent or carer may not be suitable if they are involved in the allegation, are a witness or victim, or have another conflict of interest.

A child has the right to free, independent legal advice. They should be given the opportunity to speak to a solicitor privately. A solicitor can advise the child before interview and can attend the interview.

Police must make sure that a child understands what is happening. Tell staff if the child has a learning disability, autism, a mental-health condition, a brain injury, a communication need, takes medication or needs another adjustment.

For general information about custody rights, see arrested and your rights.

What is an appropriate adult?

An appropriate adult is there to support a child or vulnerable adult during important police procedures. Their role includes helping the person understand what is happening, supporting communication, observing whether procedures are being carried out fairly, and raising concerns where necessary.

An appropriate adult is not there simply to observe. They are not a substitute for a solicitor and should not decide whether a person is guilty or tell them what answers to give.

A suitable appropriate adult will usually be independent of the investigation. They will normally be unsuitable if they are:

  • suspected of involvement in the offence;

  • a victim or witness;

  • otherwise involved in the investigation; or

  • unable to support the person fairly and effectively.

Police should explain the appropriate adult’s role and give them the information they need to support the child or vulnerable adult properly.

When should an appropriate adult be present?

A child must normally have an appropriate adult for a police interview and important custody procedures. Different rules apply to particular searches, identification procedures and urgent situations.

If police have reason to suspect that an adult is vulnerable, they should treat the person as needing the relevant safeguards and arrange an appropriate adult. A person does not have to make a formal request before police consider this. A person may appear calm, speak clearly or be able to answer simple questions and still need support.

The detailed custody rules are set out in PACE Code C.

Vulnerable adults

An adult may be vulnerable in police custody if they may have difficulty understanding what is happening, communicating effectively, or making decisions about police procedures.

Vulnerability can arise for many reasons, including:

  • a mental health condition;

  • a learning disability;

  • autism or another neurodivergence;

  • brain injury, dementia or cognitive impairment;

  • a speech, language, hearing or other communication difficulty;

  • intoxication, withdrawal symptoms or the effects of medication;

  • serious distress, trauma or exhaustion; or

  • another condition that affects understanding or participation.

Tell police about these needs as early as possible. You can ask for an appropriate adult, a solicitor, an interpreter, medical attention, a break, communication support or another reasonable adjustment.

If someone is unwell, very distressed, affected by alcohol or drugs, has not taken prescribed medication, or does not understand what is happening, tell the custody officer immediately. Ask whether they are fit to be interviewed. Do not assume that a person who says they are fine understands the consequences of an interview or other police procedure.

A child or vulnerable adult can ask to speak to a solicitor privately and free of charge. If the person is arrested and held in custody, they have a statutory right to private legal advice if they ask for it. See section 58 of the Police and Criminal Evidence Act 1984.

You can ask police to contact a solicitor of your choice. If you do not have one, you can ask for the independent duty solicitor on call. The duty solicitor does not work for the police.

Before an interview, ask:

  • Is the interview voluntary, or is the person under arrest?

  • Is the person under caution?

  • Is the person free to leave?

  • Has the person been able to speak to a solicitor privately?

  • Is an appropriate adult present and suitable?

  • Does the person need an interpreter, medication, medical attention or another adjustment?

If a child or vulnerable adult is being questioned, an appropriate adult does not remove the need for legal advice. Ask for both where appropriate.

How long can police keep a child at a police station?

The normal maximum period of police detention without charge is 24 hours. However, in some cases involving indictable offences, the law allows detention to be extended under strict safeguards. A child must be released as soon as detention is no longer necessary.

The usual detention limits and safeguards are in sections 41 to 44 of the Police and Criminal Evidence Act 1984.

Do not rely on a fixed time limit without getting legal advice. The lawful position may depend on the alleged offence, the time of arrest, whether a person has been charged, and whether an extension has been authorised.

What happens if a child is charged?

If police charge a child, the next steps depend on whether they can be released. Different people have different roles:

  • Police or the Crown Prosecution Service may make the charging decision, depending on the case.

  • The custody officer decides whether release from police custody is appropriate under the legal framework.

  • If a child is charged and cannot be released, the custody officer must normally arrange transfer to local authority accommodation, unless this is not practicable.

  • A child aged 12 or over who is charged with a serious offence may be transferred to secure accommodation if the legal criteria are met.

  • If a child is kept in custody, they must be brought before a magistrates’ court as soon as practicable. The court decides matters such as bail and remand.

A solicitor can explain the position and represent the child. The appropriate adult should continue to support them through relevant police station procedures.

The duties concerning a child charged and kept in custody are set out in section 38 of the Police and Criminal Evidence Act 1984.

Youth custody

A child who is remanded or sentenced to custody is held in the youth secure estate, not an adult prison. The type of placement depends on the child’s age, sex, needs, vulnerability, risk and available accommodation.

Youth custody can include a secure children’s home, a secure school or a young offender institution. This is different from what happens once someone turns 18, when adult criminal justice rules apply and placement depends on their individual circumstances.

Youth Offending Teams

A Youth Offending Team (sometimes called a Youth Justice Service) is a local multi agency youth justice service. It is not part of the police or the courts, but it works closely with them and with children’s services, health, education, probation, charities and other local partners.

A Youth Offending Team may become involved where a child is investigated, arrested, receives an out of court disposal, is charged, appears in court or receives a sentence. The level of involvement depends on the case and local arrangements.

Youth Offending Teams can support children and families by:

  • helping to identify welfare, education, health, family or safeguarding needs;

  • contributing to diversion and out of court outcomes where appropriate;

  • preparing information for court;

  • supporting children and families through youth justice processes;

  • supervising community sentences; and

  • supporting a child returning to the community after custody.

To find local services, contact your local authority or ask a solicitor, social worker or police custody staff for information.

What should a parent, carer or supporter do?

If a child or vulnerable adult is in police custody:

  • stay calm and do not obstruct police;

  • give police important information about health, medication, disability, communication needs and safeguarding risks;

  • ask whether a solicitor and appropriate adult have been arranged;

  • ask to have the person’s rights explained in a way they understand;

  • keep copies of any paperwork, including custody, bail and charging documents; and

  • write down what happened, including dates, times and names, as soon as you can.

Do not pressure the person to answer questions or make admissions. Encourage them to get independent legal advice.

If you are concerned about police treatment

Tell the custody officer and the person’s solicitor promptly if you are concerned that police have not arranged an appropriate adult, interpreter or medical help; have continued when someone is unwell; or have not explained their rights in a way they can understand.

You can complain to the police force about the conduct of officers or staff. A complaint may be important, but it is not always a substitute for urgent legal advice about detention, interview, bail, evidence or a court case. Read about making a police complaint.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. Get independent legal advice promptly if a child or vulnerable adult is arrested, asked to attend a voluntary police interview, charged, kept in custody, or has significant communication or health needs.

About this information

Last updated:

Updates to this page

  1. This guide now covers both children and vulnerable adults. It explains appropriate adult support, legal advice, communication needs, police custody and the special arrangements that apply if a child is charged.