Police interviews and taking statements

Police interviews and taking statements 

When the police question a juvenile suspect, they must take special care to ensure that the interview is fair and that the juvenile understands what is happening. A breach of the Rules and Directions for the Questioning of Suspects and the Taking of Statements is treated more seriously where the suspect is a juvenile. 

Presence of a parent, guardian, or appropriate adult 

As far as practicable, a juvenile should only be interviewed in the presence of a parent or guardian. If a parent or guardian is unavailable, another suitable appropriate adult should be present. This may include, for example, an older sibling or another appropriate adult who is not a police officer. 

Where possible, the appropriate adult should be of the same sex as the juvenile. The purpose of having an adult present is to provide support, help the juvenile understand the situation, and reduce the risk of unfair pressure during questioning. 

Risk of confession being excluded 

If the police question a juvenile without a parent, guardian, or appropriate adult present, this may raise concerns about fairness. In some cases, the court may find that the interview was conducted in an oppressive or unfair manner. 

If proper safeguards were not followed, a confession or record of interview may be challenged in court and may be ruled inadmissible. Whether the evidence is admitted will depend on the circumstances of the case, including the juvenile’s age, understanding, vulnerability, and the way the questioning was conducted. 

Interviews at school 

The authorities should avoid interviewing a juvenile at school unless it is truly necessary. If an interview at school is unavoidable, it should be conducted only with the consent and in the presence of the head teacher or the head teacher’s nominee. This safeguard helps ensure that the school is aware of the situation and that the juvenile is not questioned in an inappropriate or unsupported manner.