Caroline is the Head of the Youth Team at Hodge, Jones and Allen. She has much experience representing youths in all stages of the criminal justice system, from Youth and Crown Courts to The Court of Appeal. She recognises the importance of building a relationship of trust and a need for continuity when representing vulnerable and young clients.

In this important update, Caroline outlines the ways in which children (people under 18 years of age) should be treated in police custody. She refers to NPCC guidance and relevant legislation throughout. She identifies aims of the NPCC to reduce the number of young people entering police custody and asserts that detention should only be used as a last resort. She also describes a new process whereby solicitors now have to meet arrested children before a decision is made about legal representation. She then outlines the process – before, during and after – voluntary interviews take place. She ends with some other important updates, including a new children’s strategy being trialled in London.

Key words/topics

Voluntary Police Interviews

“Caution plus 3 interview”

Child Centred Policing Best Practice Framework, NPCC (2021)

Child First Policing, NPCC (2019)

NPCC Voluntary Interview Guidance

S10 and S11 of The Children Act 2004

NPCC National Strategy for the Policing of Children and Young People

Code G of The Police and Criminal Evidence Act

Legal consultations

Police station representation

Neurodivergence and disability among young offenders

Diversion from the Criminal Justice System

NPCC Child Gravity Matrix

CHiRP Pilot

R vs TS: Youth Rehabilitation Orders and Turning 18 Before Sentence

R v Ghafoor [2002] EWCA Crim 1857

R v BGI and CMB