Choice point 11
He's a Juvenile Is He?
Police Station • 2 days later
You have some important rights if you are in police custody, especially if you are under 18. You have the right to get legal advice on the Youth Hotline 1800 10 18 10, the right to silence and the right to a support person if you are under 18. Do you know what your legal rights are?
“I think JD's cousin got in trouble when he was a juvenile. I don't understand what's happening. They want to bring my mum down here...”
Tee has been arrested and taken into police custody. Police have the power to arrest someone if they have reasonable grounds to suspect that they have been involved a crime.
When you are under arrest and in custody you may feel pretty powerless, but you do have some important rights under the law. There are some rights that apply to everyone, and there are some extra rights for young people under the age of 18:
- Everybody has a right to silence. This means that you do not have to tell the Police anything unless you want to. (read more)
- By law, you do have to tell the Police your name and date of birth, but you are allowed to refuse to answer any other questions. This is the case in any situation - whether you are in the street, at the police station, in custody or not.
- You have a right to refuse to do a police interview. You can tell police at any stage that you do not want to be interviewed. (read more)
- Anyone in police custody has the right to call a lawyer and get legal advice (read more)
If you are under 18, the police are required by law to make sure you get legal advice. You should be put through to the Legal Aid Youth Hotline, a free legal advice service for under 18's, to speak to a specialist Legal Aid children's solicitor. The police should help you make the call.
- Any person in custody has a right to be released within a certain time limit if the police do not have enough evidence to charge you.
- If you are under 18, you have a right to have a support person with you when you are in custody, and the law says the police cannot conduct an interview without that support person being present (read more)