Youth - Arrest and Detention Flashcards
(12 cards)
What is the minimum age for criminal responsibility in England and Wales?
A. 12
B. 8
C. 14
D. 10
D. 10
Explanation: Children under 10 cannot be guilty of an offence under English law. This is a conclusive presumption.
Who qualifies as a juvenile under PACE?
A. Anyone under 18
B. Anyone under 17
C. Anyone under 16
D. Only those under 14
A. Anyone under 18
Explanation: Under PACE, anyone under the age of 18 is treated as a juvenile and is afforded additional protections.
Which of the following CANNOT act as an Appropriate Adult (AA)?
A. A parent
B. A trained volunteer
C. The investigating police officer
D. A responsible adult unrelated to the case
C. The investigating police officer
Explanation: AAs must be independent. Officers involved in the investigation are disqualified.
Jamie, aged 15, is being interviewed at a police station. Who must be present?
A. An Appropriate Adult
B. A Youth Justice Board representative
C. A local councillor
D. His social media account manager
A. An Appropriate Adult
Explanation: PACE requires the presence of an AA during interviews to safeguard the youth’s rights and welfare.
Sarah, aged 16, is arrested at night. The custody officer says it’s too late to contact social services. Can she be held overnight in police custody?
A. Yes, because she’s nearly 18
B. Yes, with parent’s permission
C. Only if it’s impracticable to arrange local authority accommodation
D. No, she must always be transferred
C. Only if it’s impracticable to arrange local authority accommodation
Explanation: Police must try to transfer detained youths to local authority care unless it’s physically impractical.
A 13-year-old has admitted an offence to a youth justice worker who later acts as the Appropriate Adult. What should happen?
A. Nothing – this is allowed
B. The youth must be released
C. A new Appropriate Adult should be appointed
D. The interview must be stopped
C. A new Appropriate Adult should be appointed
Explanation: An AA must not have received prior admissions from the youth outside their AA role to ensure fairness.
Lucas, 17, is arrested and disputes his age. He has no ID. What should the police do?
A. Treat him as a juvenile unless there is clear evidence he is older
B. Hold him in adult custody
C. Call social services to decide
D. Ask a judge to verify his age
A. Treat him as a juvenile unless there is clear evidence he is older
Explanation: In the absence of clear proof, police must assume the person is under 18 and treat them accordingly.
A youth is strip searched at the police station. Who must be present?
A. A legal adviser
B. An Appropriate Adult
C. A youth worker
D. A magistrate
B. An Appropriate Adult
Explanation: For juveniles, AAs must be present during strip searches, interviews, charging, and rights explanations.
Ella, aged 14, is brought in for a serious offence. Her parent is the victim. Can they be the Appropriate Adult?
A. Yes, if the parent agrees
B. No, they are disqualified due to being the victim
C. Only if no one else is available
D. Only with a court’s permission
B. No, they are disqualified due to being the victim
Explanation: AAs cannot be victims, witnesses, or otherwise involved in the investigation to preserve neutrality.
Which of the following best describes the role of the Appropriate Adult?
A. Act as the youth’s legal representative
B. Prevent police from questioning the youth
C. Support, advise, observe fairness, and facilitate communication
D. Approve charges
C. Support, advise, observe fairness, and facilitate communication
Explanation: The AA’s main role is to ensure the youth understands and is protected during the police process.
Can an Appropriate Adult consult with a youth in private?
A. No, never
B. Only in the presence of a solicitor
C. Only with a court order
D. Yes, at any time
D. Yes, at any time
Explanation: AAs can consult the youth privately and access the custody record to safeguard their interests.
Under what condition can a juvenile be interviewed without an Appropriate Adult?
A. If they waive the right
B. If their parent approves
C. If they are cooperative
D. If authorised by a superintendent due to urgent risk
D. If authorised by a superintendent due to urgent risk
Explanation: This is a rare exception. Only a superintendent or above can authorise interview without AA if delay risks serious consequences.