Information and resources

Below is some useful information about different parts of the law and youth justice.

The law is a set of rules that must be followed to keep people safe and protect people's property. If you are aged between 10 and 18 years old and are suspected or guilty of breaking the law, you may come into contact with the youth justice system.

Breaking the law is also known as ‘offending’ or ‘committing a crime’. No matter who you are or what crime you have been accused of, all children have special rights.

The Youth Justice Charter explains what your rights are. It sets them out as standards, so you know what to expect from all the different people and organisations you might meet in the youth justice system.

The police have an important job of keeping everyone safe. They work with people in your neighbourhood to make sure everyone follows the rules and feels secure. The law gives the police powers to help them solve crime and stop it from happening, but they have to use these powers fairly, only when necessary, and in the right way.

You can be approached by the police at any time and they must provide proof of who they are if they are not in uniform. If the person is not in uniform, they should show you their warrant card, which is a form of ID that proves they are part of the police.

You can be stopped and searched by the police, but they must explain why they are searching you and follow specific rules before, during and after the search. You cannot say no to being searched if there are reasonable grounds, and the police can stop you from walking away if you try to.

If the police record the search on their body-worn camera, they should tell you they are recording you.

If you are asked to take off something you wear for religious reasons, like a turban or hijab, the police should take you somewhere private where others cannot see.

The police must complete a record to say they have searched you and either give you a copy of that record or tell you how you can get a copy.

Additional information

Stop and search - Just for Kids Law [YouTube]

Police powers to stop and search: your rights - GOV.UK

If you are arrested, the police should explain what is happening and their reasons for arresting you.

You cannot be arrested if you are under 10 years old.
You should not be arrested at school or college unless this is unavoidable.
You should be taken straight to a police station unless you are de-arrested.
You should be able to make a phone call to your parent or guardian.
You should not be put in a cell unless there is nowhere else safe at the police station.
You must never be put in a cell with an adult.
The police must try to contact someone who is responsible for you (like a parent, carer, guardian or social worker) to let them know where you are.
If you are female, you will be asked if you would like to speak with a female member of staff.
You will have food and water, a place to sleep, clothes or blankets to keep you warm, and sanitary products if you need them.
You can ask for a book to read, or something to draw or write with. The police should give you an activity unless they think it is a risk to your safety and wellbeing.

The police must organise for an independent, appropriate adult to come and support you at the police station. The appropriate adult could be your parent, carer, a social worker or a trained adult from an appropriate adult scheme. Nottinghamshire youth justice service use TAAS, The Appropriate Adult Service, who specialise in supporting children within the youth justice system.

Your appropriate adult must be with you during all police procedures. The appropriate adult’s job is to protect your interests, rights and welfare. This includes helping you communicate, making sure you understand your rights, and checking that the police are acting fairly. However, they cannot give you legal advice or answer questions on your behalf.

The police must ask you whether you want a solicitor and cannot ask their questions until they are present. You have the right to independent advice from a solicitor, and the police should arrange this for you. The legal advice is free: you do not need to pay anything. Your solicitor works for you and not the police. They will explain the interview process to you, give you advice before the interview starts and support you during the interview.

The police can hold you for up to 24 hours before they have to charge you with a crime or release you. They can apply to hold you for up to 36 or 96 hours if you’re suspected of a serious crime, such as murder. You can be held without charge for up to 14 days if you are arrested under the Terrorism Act.

Additional resources

At the station - Just for Kids Law [YouTube]

Being arrested: your rights - GOV.UK

The police have the right to take:

photographs of you
your fingerprints
a DNA sample, such as a mouth swab or head hair root
a swab of the skin surface of your hands and arms

They do not need your permission to do this.

However, the police need both your permission and the authority of a senior police officer to take samples like blood or urine, or to take dental impressions. This does not apply when they take a blood or urine sample in connection with drink or drug driving. If you are under 18 or a vulnerable adult, your appropriate adult must be with you if you give fingerprints, photographs or samples.

Information from fingerprints and samples is stored in a police database. You can find out if your information is stored on the police database by getting a copy of your police records from your local police station. You can only have your personal information removed from the police database if an offence no longer exists or if anything in the police process was unlawful – for example, how you were arrested or detained. Visit the GOV.UK website to find out more about getting a copy of your police records.

Released under investigation

If you are not charged with an offence, the police might release you under investigation. This means you are free to go home and there are no rules you need to follow, but the police will continue to investigate the offence they think you committed. At a later date, they could arrest you and charge you or if there they find sufficient evidence you will receive a letter to appear at court.

Released on police bail

The police can release you on police bail if there is not enough evidence to charge you at the time. You do not have to pay to be released on police bail, but you will have to return to the station for further questioning when asked. You will normally be given another date and time to go back to the police station before you leave.

Released on conditional bail

The police can also release you on conditional bail if there is not enough evidence to charge you at the time. Conditional bail is usually used when the police are concerned that you may:

commit another offence
fail to turn up at future police or court dates
intimidate a witness
obstruct the course of justice

This means your freedom will be restricted in some way. For example, they can impose a curfew on you if your offence was committed at night. You do not have to pay to be released on conditional bail, but you will have to return to the station for further questioning when asked. You will normally be given another date and time to go back to the police station before you leave.

'Out of Court Resolution' (previously referred to as an 'Out of Court Disposal')

If you admit to committing an offence and you are offered an out of court resolution, it means you do not have to go to court. There are different types of resolutions, with different rules, and some have things that you will need to do. You will be helped to understand what resolution you are being offered. An appropriate adult must be with you during these discussions, and it is advised that you seek advice from your solicitor before accepting any resolution.

The police and your solicitor should explain to you what is involved in accepting an out of court resolution, and what will happen if you do not stick to any rules. Out of court resolutions can show up on your criminal record in future.

Charged to appear at court

If you are charged with an offence, you will need to go to court. You will be helped to understand what is happening and any conditions you must follow before you go. An appropriate adult must be with you during these discussions. It is advised that you seek advice from your solicitor and get clarity on anything you do not understand.

You will have to go to court at a specified time and date. If you do not show up to court at that time and date, you are committing a crime and may be charged with another offence. The police might give you other conditions to follow whilst you are waiting to go – for example, where you must live or people you are not allowed to contact. This could be to keep you or others safe. If you don't follow the conditions set by the police, you are likely to get into further trouble.

Refusal of police bail

You may be refused police bail if the police are not certain where you live or if you have been charged with a very serious offence. The police will always explain why you have been refused bail and why you are not free to go home. An appropriate adult must be with you during these discussions. It is advised that you seek advice from your solicitor and get clarity on anything you do not understand.

In these particular circumstances, we (Nottinghamshire County Council and the youth justice service) must work together to find a safe and secure space for you (for example, with a relative, in foster care or in a children’s home). If suitable accommodation is found for you, the police will explain the rules that you have to follow whilst you stay there and what will happen if you do not. They will also tell you whether you have temporarily become a child in care and what this means. Again, your appropriate adult must be with you during these discussions and ensure that you understand what you are being told.

If we can't find a suitable space for you, you will stay at the police station. This is called being kept in police custody.

Kept in police custody

If you are to be kept in police custody, the police will always explain why you have been refused bail and why suitable accommodation cannot be found. An appropriate adult must be with you during these discussions. It is advised that you also seek advice from your solicitor and get clarity on anything you do not understand.

You will usually stay in police custody until your first court hearing, which will usually be within 24 hours of you arriving at the police station. You will be taken straight from police custody to the court by the police.

Your first court hearing is called a bail hearing. The court will consider all information and decide whether you can be bailed, remanded to local authority accommodation or should stay in custody until your next court appearance. This type of custody is not the same as police custody, and you will be placed into the youth secure estate.

When you are charged with an offence, you will be given a date to appear at a youth court. You must arrive at court on time and find out where you need to be from court staff at the front.

At court, there will be either a judge or magistrates who will make decisions based on all the information. If you are under 16 years old, then you need to attend with a parent or carer. If you are over 16 years old, you must be accompanied by a parent, carer or a responsible adult. It is also advised that you seek advice from your solicitor, getting clarity on anything you do not understand. There will always be a worker from the youth justice service at court and you can speak with them at any time.

Depending on whether you plead guilty or not guilty to the offence you have been accused of will determine the next part of the process. If you plead guilty, then the judge or magistrates may deal with matters then or defer sentencing until you have met with the youth justice service (they will write a report about you, suggesting the best way of dealing with matters). If you plead not guilty, you will then go to trial, and a jury made up of ordinary people will decide if you have committed the offence you have been accused of.

If you have been charged with a very serious crime, the judge or magistrates will give you a date to appear at Crown Court. Again, you should have a responsible adult with you and ensure that you have legal representation arranged. A worker from the youth justice service will be at Crown Court and they will introduce themselves to you. If at any stage you are unclear about what is going on, you can ask for help via your responsible adult, your solicitor or from the youth justice service.

If you are found not guilty or given an absolute discharge, then you will be free to go home and do not need to follow any rules. If you are given a youth community sentence, you are free to go home but you need to see the youth justice worker before you go. The youth justice worker will explain what you need to do and they will take your contact details so that a case manager can get in touch.

If you are given conditional bail, remanded to local authority accommodation, or remanded into custody, the youth justice service worker will make sure that everything is explained to you and discuss what happens next.

Additional information

Going to court - Just for Kids Law [YouTube]

Going to court - Youth Justice Charter

How sentences are worked out - GOV.UK

Remanded into custody - Youth Justice Charter

If the court decides to remand or sentence you to custody by means of a Detention and Training Order, you will be looked after by staff in the youth secure estate. If you are on remand, you will stay in custody until you go back to court for your trial or for sentencing. If you are sentenced to custody, the court will tell you how long you need to stay there for.

You will stay at either:

a young offender institution (YOI) – a larger site with multiple living units, and 30 to 60 children and young people staying in each unit
a secure training centre (STC) – a site with multiple living units, with four to eight children and young people staying in each unit
a secure children’s home (SCH) – a site with five to 20 children and young people staying in each home
a secure school – a site with multiple living units, and up to six children and young people staying in each unit

We understand that this will be a very daunting time for you and we want to help you as much as we can. A worker from the youth justice service will come and see you before you are taken from the court and answer any questions you may have. They will also ask you about your physical and mental health needs, any medications you take, if you have any issues with other children who may also be in custody, and any other information that would be useful for professionals to know. Throughout your time in custody, a worker from the youth justice service will keep in touch with you.