Your Rights as a Suspect
Your Rights when being questioned (not as a suspect)
Your Rights as a Suspect
Right to be told your rights
Right to supportive adult
Right to consult in private
Right to be told your rights if you ask
Right to be told your rights
If you are under 17, and:
(a) there are reasonable grounds to suspect you have committed an offence; or
(b) the police want to ask you any question to get you to admit to an offence; or
(c) the police decide to charge you with an offence; or (d) you have been arrested;
Before the police ask you any questions they must tell you in language you can understand:
-
You could be arrested if you do not give your name and address to the Police. (You don't have to be told this if you have already been arrested).
-
You don't have to go with the police unless you have been arrested (or if you are at risk). If you agree to go with the police and you haven't been arrested you can change your mind at any time. (You don't have to be told this if you have already been arrested).
-
You don't have to answer the police officer's questions (apart from giving your name, date of birth and address) or make a statement. If you start making a statement you can stop whenever you want.
-
If you do decide to make a statement it may be used in evidence against you in court.
-
You have the right to talk to a free lawyer on the Bill of Rights list at the police station. You have the right to talk to a lawyer before you take an evidential breath test or a blood test for drink driving.
-
You can have your lawyer and parent or supportive adult of your choice, present when you make a statement. (You don't have this right if you are being questioned about a blood or breath alcohol matter or an immigration matter).
If you did not understand what the officer said, get them to explain it in another way so that you do understand. Feel free to question the officer so you do understand, now is the time to ask not later.
[s215 Children, Young Persons, and their families Act 1989]
Right to supportive adult
If you are under 17;
- You have the right to name a supportive adult to be with you at the police station.
- The police must tell that person that you've been arrested or are at the police station for questioning.
- If you don't name someone the police have to tell your parents or guardian or care giver that you've been arrested or are at the police station for questioning.
- If you do not name your parent or other supportive adult to come to the police station the police must ask some other adult to be with you (not a police officer).
- The police must tell your supportive adult your rights.
Right to consult in private
You can see and talk to your lawyer and parent, guardian or other supportive adult in private at the police station. You should never make a statement to the police unless one of these people are present. If the police fail to tell you your rights before they question you in connection with an offence you should ask about them and they must explain them to you.
[ss215-229 Children, Young Person, and their Families Act 1989]
Your rights when being questioned (not as a suspect)
Right to be told your rights if you ask
Even if the police aren't asking you questions in connection with an offence and are just asking you general questions, you still have the same rights. The police must tell you your rights if you ask. Always ask the police officer "What are all my rights?" if you are questioned by them. They must tell you.