This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn the legal framework for arresting juveniles in England and Wales, including when a child can be arrested, required safeguards such as appropriate adults, custody rights, and reporting restrictions under current UK law.
Arresting a juvenile - a person under 18 - in England and Wales is governed by a detailed legal framework designed to balance law enforcement with the specific protection needs of children and young people. The criminal law treats juveniles differently from adults at every stage of the encounter with police officers, starting from the point of arrest and continuing through detention, questioning, and possible charging.
This article explains clearly what the law says about arresting juveniles, what rights children have if arrested, and how the process works in practice. It draws on current legislation and statutory police guidance to provide accurate, accessible information for students, practitioners, and members of the public.
What Is a Juvenile Under the Law?
In England and Wales, the age of criminal responsibility - the age at which a child can be held legally responsible for a criminal offence - is 10 years old. Children under 10 cannot legally be arrested or charged with a crime.
For the purposes of police procedure, anyone who appears to be under 18 years old must be treated as a juvenile unless there is clear evidence they are older. This applies to arrests, detention, questioning and other custody procedures under the Police and Criminal Evidence Act 1984 (PACE) and the associated Codes of Practice (especially Code C).
When Can a Juvenile Be Arrested?
A police officer may arrest a juvenile if they have reasonable grounds to suspect that the young person has committed, is committing, or is about to commit a criminal offence - just as they can for an adult. However, officers must also satisfy the “necessity test”, meaning that they must believe that arrest is necessary in the circumstances. These grounds are set out in PACE Section 24 and Code G of PACE.
Key points about arresting juveniles include:
- Children aged 10 or older can be arrested for alleged offences.
- Police should avoid arresting a child at school or college unless unavoidable. If it happens, the institution should be informed.
- Arrest should be considered a last resort; voluntary attendance at a police station for interview may be preferable, especially for minor matters.
What Must Police Officers Do When Arresting a Juvenile?
Once an officer decides to arrest a juvenile, there are legal requirements they must follow:
- Identify themselves as police officers.
- Tell the child they are under arrest.
- Explain clearly what the alleged offence is.
- Describe why the arrest is considered necessary.
- Ensure the child understands their rights in age‑appropriate language.
Officers must always treat juveniles differently from adults, with particular care over communication and understanding.
Appropriate Adult and Safeguards
When a juvenile is arrested and taken into custody, an “appropriate adult” must be present during key stages such as questioning. The role of the appropriate adult is to safeguard the interests of the child, help the juvenile understand what is happening, and support them.
An appropriate adult may be:
- A parent or guardian.
- A social worker or representative of the local authority.
- Another responsible adult aged 18 or over, not employed by the police.
This requirement is mandatory and is part of the statutory police codes. It is designed to ensure fairness and protect vulnerable children during police processes.
Treatment in Custody
Once in custody, juveniles have additional legal protections:
- They must be kept separate from adult detainees and should not share cells with adults unless a relative is jointly charged.
- Police must inform the juvenile's parent, guardian, or carer about the arrest and location.
- Children have the right to legal advice, including access to a solicitor.
- Custody officers must record age and treat the juvenile role under PACE Code C.
In general, juveniles should not be held overnight in police cells. If they must be detained beyond certain limits, they should be moved to appropriate authority accommodation rather than being kept in adult facilities.
Reporting Restrictions and Confidentiality
When a juvenile is arrested and charged, there are strict reporting restrictions under UK law. This means that:
- The juvenile's name, address, school, and identifying details cannot be published by the media.
- These rules aim to protect their welfare and future prospects.
These protections continue through court proceedings unless a court orders otherwise.
Practical Examples
Example 1: A 12‑year‑old is suspected of shoplifting. Police may arrest the child only if they genuinely believe the child committed the offence and believe arrest is necessary - for example, if interviews cannot proceed without custody.
Example 2: Police attend a secondary school because of a suspicion concerning a 15‑year‑old. Officers must explain what they are doing, why they are arresting the child, and should advise the headteacher. An appropriate adult (usually a parent) must be present once the child is in custody.
In both examples, the child must be informed of rights, have access to legal advice, and be treated in line with the special protections for juveniles.
Common Questions
Can a child under 10 be arrested?
No. Children under 10 cannot be arrested or charged with a crime under the current law in England and Wales.
Can a juvenile be held in custody overnight?
Generally, juveniles should not be detained overnight in police cells. They should be transferred to local authority accommodation when appropriate.
Does the juvenile need a solicitor?
Yes. Juveniles have a right to consult a solicitor, and this right must be explained in clear, age‑appropriate language.
Key Takeaways
The rules for arresting juveniles in England and Wales reflect a balance between the police's responsibility to enforce the law and the need to protect children's rights and welfare. Key principles include:
- Arrest is only lawful where there are reasonable grounds and it is necessary.
- Children under 10 cannot be arrested.
- Anyone who appears under 18 must be treated as a juvenile.
- An appropriate adult must be present for custody and interviews.
- Special safeguards apply in custody, including separation from adults and the right to legal advice.
- Reporting restrictions protect juveniles' identities in legal proceedings.
These rules aim to ensure children involved in the criminal justice system are treated fairly, protected from harm, and dealt with in a manner consistent with their age and development.
