What to Do if Your Child Faces Criminal Charges

Has your child been charged with a criminal offence and you’re not sure where to go from here? In this article we examine ways to move forward whilst supporting your child. 

Whatever your family background, children are bound to land themselves in trouble. Criminal trouble, though? That’s a whole other ball game, and it’s sure to leave you, as a parent, feeling lost and confused. Seeking the help of a criminal solicitors in Leeds, in London, Loughborough, or wherever you live, should be your first port of call. But, there’s more to it than just seeking legal help. 

The stats of children arrested in the UK

According to the Civil Rights Movement website, over 200,000 children are arrested each year in the UK. In 2019-20, 19,000 children were cautioned or sentenced, and of these children, 11,100 were first time entrants.

The average custodial sentence of children that year was 11.3 to 18.6 months. Although the number of young offenders has decreased massively over the last ten years, child criminal acts are still rife. Many of these instances are due to disadvantaged backgrounds, lack of education, and abuse.

What happens if your child is arrested?

The ndirect website has some great information about both yours and your child’s rights if they’re arrested for a criminal offence.

For starters, your child has the same right to legal advice as an adult does, and should be offered a solicitor when taken into custody. If your child is taken into custody, you are entitled to hear from the police as soon as possible. You should receive a phone call or face-to-face visit as soon as possible.

What’s more, the police should not interview your child until you are present. This rule should only be ignored by police if there is “immediate risk of harm to someone or serious loss of, or damage to, property”. In these cases, the police are legally obliged to appoint an adult party, for example a social worker, to support your child through any questioning.

Can your child be charged with a criminal offence?

Any child between the ages of 10 and 18 can be charged with a criminal offence. That said, the same can’t be said if your child is under the age of 10; being taken to court and charged is against protocol.

What’s more, it really depends on whether your child has a record for anti-social behaviour. If not, they may be eligible to have the issue dealt with outside of the court system. If this is the case, it’ll be through the Police Youth Diversion Scheme or through a Diversionary Conference.

What happens if your child is charged?

If the police, or other person or body, decide to press charges against your child, your offspring will either:

• Be given bail and allowed to go home;
• Or made to stay in custody.

Then, they will have to appear in a youth court. Here, they will be given a fair trial, and will either be sentenced by the youth court or plead guilty. In either of these cases, the Youth Court will decide on their sentence but, for more serious offences, they may refer the case to the crown court.

Between the ages of 10 and 17, the identity of your child outside of the courts will not be disclosed. This gives the child a sense of privacy, allowing them to hopefully lead a normal life later on down the line. The only restriction to these limitations might be after the trial, and usually by the media.

What should You do if you can’t afford a lawyer?

As we’ve discussed, your child is just as much entitled to the advice and help of a lawyer as an adult is. That said, many young offenders come from disadvantaged families, so it may not be feasible to expect parents to afford legal aid. In this case, there are a few options:

• The Children’s Law Centre offers free advice. Either call 080 8808 5678 or head to their website, here.
• If you live in Northern Ireland, Legal Services Agency Northern Ireland can be phoned on 028 9040 8888, or you can head to their directory of legal professionals here.
• Get in touch with Citizen’s Advice who can direct you to free avenues for legal help.

Make sure your child knows their rights

There’s no denying that having your child accused with criminal charges will be emotional and devastating. That said, we hope this article has given you a sense of your child’s rights so you can be sure everything is done by the book. Of course, if your child is guilty, attempting to hide their misdemeanour could land you in criminal trouble too. So, it’s best to be as honest and open as possible, no matter how much it hurts. It’s also important to ensure your child is aware of their rights so they can get the best chance at a fair trial as possible. So, reading up on these rights so you know what to do in case of a situation like this is paramount.

Please be advised that this article is for general informational purposes only, and should not be used as a substitute for advice from a legal medical professional. Be sure to consult a legal professional if you’re seeking advice about your child’s criminal charges. We are not liable for risks or issues associated with using or acting upon the information on this site.