Special protections for under-18s
Under PACE Code C, children and young people under 18 cannot be interviewed by the police without an appropriate adult present. They also have an enhanced right to legal advice, and their cases are handled differently through the youth justice system.
What is an appropriate adult?
An appropriate adult is a parent, guardian, social worker, or other responsible adult who must be present during any interview of a young person. They are not just an observer — they have an active role in protecting the young person’s interests and welfare.
The youth justice system
- Youth Cautions and Youth Conditional Cautions instead of charge in minor cases
- Youth courts for those under 18 — less formal than adult magistrates
- Sentencing focused on rehabilitation rather than punishment
- Referral orders, youth rehabilitation orders, and detention in young offender institutions
How we help young clients
- Immediate attendance at the police station — before any interview
- Full explanation of rights to both the young person and their parents
- Ensuring the appropriate adult requirement is met
- Representation throughout any court proceedings in the youth court
- Focus on diversion, cautions, and alternatives to prosecution where available
Frequently asked questions
Under 18s must have an appropriate adult present during any police interview — this can be a parent or guardian. However, the appropriate adult’s role is different from that of a solicitor. A solicitor provides legal advice; the appropriate adult ensures fairness and safeguards welfare. Both should be present.
Yes. The right to free legal advice under Legal Aid applies equally to young people as to adults. A solicitor should be present before and during any police interview with a young person, regardless of the seriousness of the allegation.
A youth caution is a formal disposal that is recorded and may be disclosed in certain DBS checks. It should not be accepted without careful legal advice — particularly where the young person has a defence or where the evidence is weak.
The Youth Court is a specialist Magistrates’ Court dealing with defendants aged 10–17. Proceedings are less formal, the press and public are excluded, and the court has a range of youth-specific disposals. A solicitor experienced in youth justice should represent any young defendant.