What to Do If Your Child Is Arrested

The phone call from the police station, or worse, officers at your door, can leave any parent feeling helpless and confused. If your child has been arrested, you need to know what happens next and what you can do to help them through the process.

Your role as an appropriate adult

When someone under 18 is arrested, the police must contact a parent or another responsible adult straight away. They cannot interview your child without this 'appropriate adult' present. Usually this will be you, but it could be another family member or, in some areas, a social worker. Youth offending teams sometimes provide this service, though not everywhere.

Your job is to ensure your child understands the process, support them emotionally, and help them communicate with the police. You can ask for breaks if your child is getting tired or upset. Make sure they understand the caution and any questions being asked.

You're not there to answer for them or tell them what to say. If you interfere with the interview or coach your child's answers, the police may ask you to leave and bring in someone else.

At the police station

Upon arrival, request a meeting with the custody sergeant. They're responsible for your child's welfare and should explain what's happening. Your child has the right to free legal advice from the duty solicitor, available 24/7. Seeking legal advice is a protective measure and does not imply guilt.

The solicitor will speak to your child privately before any interview. You won't be allowed in this meeting, which ensures your child gets independent legal advice.

Your child also has the right to see a doctor if they're feeling ill, and to have food and drinks. While juveniles should be kept separate from adults, smaller police stations sometimes have limited facilities and may need to adapt cells temporarily.

During the interview

Police interviews are recorded, and your child will be cautioned again at the start. The caution is: "You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."

Your child can answer 'no comment' to questions if their solicitor advises it. This isn't an admission of guilt. Trust the solicitor's advice on this.

For young people under 15, interviews should rarely last more than an hour without a break. If your child is struggling to understand or becoming too distressed, you can ask for a break. You can also ask for clarification if questions seem confusing.

What happens after the interview

Once the interview is finished, the police might release your child with no further action if there's insufficient evidence. They might release them under investigation while they gather more evidence. Or they might charge them with an offence.

If charged, your child will usually be bailed to appear at the youth court. Only in very serious cases will they be kept in custody, and even then, they should be placed in local authority accommodation, not adult cells.

If your child is released on bail, there may be conditions attached. Common ones include curfews, staying away from certain people or places, not contacting witnesses, or living at a specified address. Make sure you understand these conditions completely. Breaking them is a separate offence and could lead to your child being arrested again.

You might be asked to sign a surety, promising to pay money if your child doesn't turn up to court. Think carefully before agreeing to this.

Youth cautions and conditional cautions

For less serious offences, the police might offer a youth caution or youth conditional caution instead of charging your child. A youth caution is a formal warning that stays on their record but doesn't count as a criminal conviction. They'll need to admit the offence to receive one.

A youth conditional caution comes with conditions your child must follow, like apologising to the victim or doing unpaid work. If they don't stick to the conditions, they can be prosecuted for the original offence.

Youth cautions won't appear on standard DBS checks but may show up on enhanced checks. They become 'spent' immediately under the Rehabilitation of Offenders Act 1974, though they might still need to be declared for some jobs, university applications, or visa applications. Seek legal advice to understand how cautions might impact future opportunities.

Going to court

If your child is charged and pleads guilty to a first-time offence, the court will usually make a referral order. This means they'll work with a youth offender panel made up of trained volunteers and a member of the youth offending team.

You'll be expected to attend the panel meeting with your child. The panel will agree a contract with your child that might include repairing harm caused to the victim, doing unpaid work in the community, taking part in activities to address their behaviour, or staying away from certain places or people.

The contract lasts between three and twelve months. If your child completes it successfully, the referral order itself does not result in a criminal record.

Getting help

Get a solicitor involved as early as possible. At the police station, the duty solicitor is free and independent. For court proceedings, your child will usually qualify for legal aid because of their age. The Youth Justice Board website has information about finding specialist youth justice solicitors in your area.

If your child has learning difficulties, mental health problems, or other issues that might affect their understanding, tell the solicitor immediately. They may need an intermediary to help them communicate.

Having a child arrested is stressful and upsetting. You might feel angry, ashamed, or like you've failed as a parent. These feelings are normal, but it's essential to take care of your own mental health during this time.

Youth offending teams often run programmes for parents. These can help you understand what your child is going through and how to support them. Some areas also have family support workers who can help with practical issues like benefits, housing, or school problems that might be contributing to your child's behaviour.

Document all interactions with police and retain any related correspondence and paperwork. If you're unhappy with how the police treated your child, you can complain to the custody sergeant initially, and then through the force's formal complaints procedure if needed.

If your child has been injured during arrest or in custody, take photographs and see a doctor as soon as possible. You might need this evidence later.

Remember that young people make mistakes, and most who get into trouble with the police don't reoffend. The youth justice system aims to prevent reoffending and help young people get back on track. Stay calm, get proper advice, and focus on supporting your child through it.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Parental Rights Checker lets you check your legal rights as a parent on education, health and welfare decisions. Try it now →