What happens when you’ve been arrested?
If you’re arrested, you will usually be taken to a police station and held in custody in a cell.
When the police suspect someone has committed a crime, they will interview them as part of their investigation.
At the police station:
- any items you have with you when you are arrested may be taken from you. The police will keep these safe. You may get these back when you are released or they may be kept as evidence
- you can get help if you feel unwell or are hurt
- the police must tell your parents or carer that you are at the police station
- if you don’t understand your rights you can ask a police officer
- if you are a girl, you can ask to speak to a female member of staff
- you should always speak to a solicitor before being interviewed by the police and have a solicitor in the interview with you.
- it is your legal right to have a solicitor present
- if you don’t have your own solicitor, the police will contact a duty solicitor for you. This service is available free of charge
- if your parent/carer can’t attend the police station to support you, an appropriate adult will be arranged to ensure that you understand the process. An appropriate adult is someone who will support you if you are arrested or questioned by the police
View the custody flowchart.
After you have been taken to a police station, you may be released or charged with a crime.
The police may decide that you are not responsible for the crime or that they have insufficient evidence and may release you without any further action being taken.
In certain cases the police may release you before you are charged and this is called being released under investigation (RUI).
At the end of the investigation you will be notified of the outcome (what the police think and what they will do next).
When the police need to make further enquiries before making a decision about what should happen to you, they will set a date for you to return to the police station to continue the interview.
If you do not attend on that date, the police can issue a warrant for your arrest.
If you are charged with a crime you will be bailed and given a date to appear at youth court.
If you do not attend the court on that day, a warrant will be issued for your arrest.
If you are charged with a crime and there is a risk that you will run away (abscond) or commit further crimes, the police may want to detain you to appear at court the following day.
It may be possible that you could be placed in local authority accommodation or, if not, you could be held in the police station.
Bail
Being on bail means that you have been arrested or charged with a crime and can leave the police station or court, but you must return / go to court on a specific day at a specific time.
If you do not attend court you can be arrested.
- bail supervision means working with you to make sure you do not reoffend while you are on bail
- advice and support will also be given if you have to return to court for further
appearances
- work will address issues that are important to you and that we assess as having a negative impact on your behaviour
- a youth offending team (YOT) worker will meet with you to discuss a plan that will be presented to the court in an effort to prevent a remand to custody
- although there are no guarantees that the court will agree to bail, the plan will give them information about the types of appointments and activities you are going to undertake if granted bail
- it will give you the opportunity to work with specially trained people who will help you understand some of the things that are happening in your life and ways you can deal with these
- you will have regular contact with a YOT worker who will check your progress and investigate other services that may be able to support you
- if the court grants you conditional bail, you will be expected to follow those conditions
- the police will be informed if you do not follow the conditions and you may be arrested and returned to court
- you will be given information about any appointments you need to attend (you can be accompanied by a responsible adult where required)
- you will be expected to inform your YOT worker if you cannot attend an appointment or have a change in your circumstances that will affect your bail. Changes to bail must be discussed with your solicitor / legal advisor as the YOT can’t change conditions imposed by a court
Bail intensive supervision and support (ISS)
Intensive supervision and support is an alternative to custody.
This means you will complete your sentence in the community instead of going into custody and will receive intensive support from the youth offending team (YOT).
An ISS bail programme offers 25 hours a week, 7 days a week, during your time on bail. This will be supported by an electronically monitored curfew.
Pre-sentence reports
A pre-sentence report (PSR) is requested by a magistrate or judge to help them decide the most suitable sentence to impose after a young person has pleaded or been found guilty of an offence.
The magistrate or judge is not required to follow the recommendations of the report but they will consider it very carefully when deciding upon the sentence.
In order for the YOT to complete a PSR, you will meet with a YOT worker at least twice, including one visit at your home, and will be expected to complete a self-assessment. A self-assessment allows the YOT to have a better understanding of your thoughts and feelings at this time.
The report includes:
Sources of information
The youth offending team (YOT) worker who writes the report will use information from a variety of sources. These include:
- you and your parent/carer
- the Crown Prosecution Service
- the victim
- school, college or employer
If you have had contact with other agencies such as children’s social care or child and adolescent mental health services (CAMHS), they will also be consulted.
It is very important that you attend any appointments organised by the YOT worker to ensure full involvement.
Offence analysis
- what happened during the crime
- impact on the victim
- your thoughts and feelings about it now
Personal and family assessment
- who you live with and how they support you
- your education, including what you would like to do in the future
- how you have worked with services in the past
- any concerns around substance use and any negative experiences that you have dealt with in the past
- how you spend your free time
- if you are under 16, the YOT will speak with your parents/carers about what support they need
Risks
- how likely are you to re-offend?
- how likely are you to cause harm if you do re-offend?
- are you safe at home and in the community?
Conclusion
The YOT will give the Court a proposal as to what the most appropriate programme of intervention is for you.
A copy of the report is given to you and your legal representative (as well as the court and Crown Prosecution Service (CPS) before the court hearing.
If there is anything in the report that you or your family feel is inaccurate, the solicitor or barrister representing you can raise this in the court hearing.
Youth courts deal with children and young people up to the age of 18 years. Magistrates in youth courts are trained to deal with young people.
The youth court is a closed court which means members of the public are not allowed to attend.
The law requires that parents or adults with parental responsibility must attend the youth court with their child.
If your child has got to go to court. You must do the following:
- if your child is 16 or under, you must go to court with them. If you do not go to court, a warrant may be issued for your arrest
- speak to a solicitor with your child
- make sure you know which court you are going to
- ensure you arrive on time
- make sure you understand what is happening
You have to go to court:
- the police charged you because they think you broke the law. You now have to go to court
- you will be told what day and time to be at court. Don’t miss it or you will get into trouble
- take your parents or carers to court with you
You will get into more trouble if:
- you break the law while you are on bail
- you do not stick to your bail conditions
- you do not go to court on time
Do you have a solicitor?
Speak to a solicitor as soon as you can. Don’t wait until you go to court. Always turn up for meetings. Tell the solicitor your side of the story.
Your solicitor will tell you your rights and how to apply for legal aid to pay for their work. If you don’t find a solicitor, as soon as you arrive at court ask to see the duty solicitor to help you.
If you need to find a solicitor near your home, phone 0845 345 4345. Ask for help if you can’t do this yourself.
Tell the court your side of the story. Tell them the truth about what you have and haven’t done.
If you are sorry, say so. If you plead guilty (that means you say you did it) or you are found guilty (the court decides you did do it), the court will decide your sentence.
If they are asked, the youth offending team will give the court information about you.
Listen carefully at court.
If you do not understand, ask for help.
If you have any questions, contact the youth offending team (YOT) who will be in court to help with the case.
After your first appearance, you will either be sentenced immediately to a community sentence, bailed to a court date in the future or remanded into the secure estate.
Compliments and complaints
Bail and court
Youth offending team
If you would like to make a compliment, complaint or comment about the youth offending team please get in touch with the service manager. Email your full name and contact details to: yot@hackney.gov.uk marking it for the attention of the service manager.
If you are not satisfied, you can also make a formal children’s social care complaint.
Page updated on: 29 September 2021