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Legal matters

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Original poster

Legalities around Police questioning minors

27 replies

badday1979 · 30/09/2022 16:10

When my daughter (13) came home today she told me she’d been questioned by the police while at school.

It was about an incident which happened on a Saturday in our local town where a girl was beaten up by an older girl.

The police said my daughter was seen in a video of the incident laughing and that they would let her know if she was going to be charged.

My question is - was it lawful for the police to question my daughter without my knowledge or consent?

I would like to know this before speaking to the school and the police.

Obviously I will be getting to the bottom of what happened but I want to know the legalities around the procedures before speaking to anyone.

Thanks.

OP posts:

StopGo · 30/09/2022 16:13

Yes it is perfectly legal as long as a responsible adult was present. So a member of school staff or a social worker for instance.

itsgettingweird · 30/09/2022 16:16

As above.

She is entitled to an appropriate adult present to make sure they aren't putting words into her mouth and are asking questions appropriately.

But I'm surprised you weren't informed afterwards by police she had been interviewed.

Yesthatismychildsigh · 30/09/2022 16:18

I’d be more concerned about a child finding someone being beaten up funny. That’s appalling.

Everydaywheniwakeup · 30/09/2022 16:20

If my DD had been involved in an incident - even as a bystander - I'd be fucking livid and the talking to from the police is the least she deserved.

Nidan2Sandan · 30/09/2022 16:23

If my daughter was involved in this i would be applauding them for speaking to my daughter.

Did your daughter explain why she found a girl being beaten so funny?

As above, as long as an adult was present there is no issues.

Awrite · 30/09/2022 17:52

There's always righteous judgement on threads like this.

In the real world, most parents would actually be uncomfortable about their child being interviewed by the police without their knowledge or consent.

None of you know what actually happened so wind your necks in.

SequinsandStilettos · 30/09/2022 18:12

Irrespective of what she has done or been filmed doing, I would personally still want to be that responsible adult present and/or have the chance to lawyer up.
I am surprised they do not call the primary caregiver first and am now about to tell my children that if they ever found themselves in that situation (hopefully not, but I do not know the circumstances) to refuse to be interviewed or say anything without me being contacted.

Antarcticant · 30/09/2022 18:15

How can someone be 'charged' for laughing in the background of a video? It might be a deeply unpleasant thing to do, but it's surely not a criminal offence.

Raidtheice · 30/09/2022 18:18

A social worker or school teacher can be considered to be an appropriate adult in these circumstances.

SequinsandStilettos · 30/09/2022 18:21

Even so, I would want to be that appropriate adult and refuse to believe any parent on here, who claim they would be happy for a teacher to take their place. And I work in education.

OneFrenchEgg · 30/09/2022 18:25

knowmyrights.org.uk/help-for-young-people

I'd be really pissed off tbh. I know it's legal but I wouldn't be sure if my child had understood their rights etc. I've told all mine to never talk to the police, unless very clearly a victim, without a solicitor.

OneFrenchEgg · 30/09/2022 18:26

^^ I've been looking into volunteering as an appropriate adult but also been thinking through the reality of it.

RedHelenB · 30/09/2022 18:28

Awrite · 30/09/2022 17:52

There's always righteous judgement on threads like this.

In the real world, most parents would actually be uncomfortable about their child being interviewed by the police without their knowledge or consent.

None of you know what actually happened so wind your necks in.

Why? OP has asked if she's being unreasonable and as long as there was an adult there she is. I hope her dd isn't involved, but as a parent the responsible course of action is to make sure she wasn't.

RedHelenB · 30/09/2022 18:31

Antarcticant · 30/09/2022 18:15

How can someone be 'charged' for laughing in the background of a video? It might be a deeply unpleasant thing to do, but it's surely not a criminal offence.

Yes it is, depending on circumstances laughing could be seen as inciting a criminal act.

Quveas · 30/09/2022 18:32

SequinsandStilettos · 30/09/2022 18:21

Even so, I would want to be that appropriate adult and refuse to believe any parent on here, who claim they would be happy for a teacher to take their place. And I work in education.

The OP didn't ask whether parents would be happy about it. They asked if it was legal. And it is if any appropriate adult is present, including a teacher in the school or a social worker. In which case, if they are available what the parent is happy about isn't relevant.

At the age of 13 she is considered capable of knowing right from wrong, and laughing / egging on a violent attack on another person is a crime. I doubt the police would take it further, but I hope she got the scare of her 13 years. She is old enough to know that attacking another person isn't funny, and there have been plenty of stories in the news about the physical and mental damage this type of violent bullying causes. She could have safely walked away. She could have phoned or called for help. Instead she stood there and laughed. At least. Because I'll bet her version is cleaned up, and she was not simply standing there laughing.

I wonder what you'd think if it was your child being beaten up with others standing there egging them on?

listsandbudgets · 30/09/2022 18:44

I'd be really upset on a number fronts if this was my DD :

My DD for laughing at someone being beaten up (if this is what actually happened) - she wouldn't be laughing for long as she saw a long long spell grounded with pocket money diverted to buy apology gifts for victim.

The school for not contacting me and letting me know before DD came home

The police if they didn't ensure DD was aware of her right and could have a solicitor present. Was the interview recorded? Was it an "informal" chat or was she cautioned before hand?

I'd want to be knowing all those things and probably others. However, technically yes the police could have spoken to her as long as a responsible adult was present.

Quveas · 30/09/2022 18:44

www.bbc.co.uk/news/uk-62722082

MoggyP · 30/09/2022 18:49

That article is chilling @Quveas

And yes, those who are the laughing audience to filmed violence have done something despicable.

The police have acted legally, and I think their conduct would be the least of my worries right now.

itsgettingweird · 30/09/2022 19:33

OP clearly stated she'd be dealing with her dd separately but wanted to know about legalities of how they've come about interviewing her.

Original poster

badday1979 · 30/09/2022 21:20

Thank you for all your replies.

I'm questioning how it was handled. That's all.

In no way am I condoning this behaviour. Quite honestly I'm appalled and very disappointed in my dd.

OP posts:

Original poster

badday1979 · 30/09/2022 21:26

Why? OP has asked if she's being unreasonable and as long as there was an adult there she is.

Redhelenb. - No I didn't ask if I was unreasonable. This isn't AIBU. This is Legal Matters. I was asking a specific legal question around what happened today.

I hope her dd isn't involved, but as a parent the responsible course of action is to make sure she wasn't.
I'm not asking for your advice on this.

OP posts:

Quveas · 30/09/2022 22:12

That article is chilling @Quveas

Regrettably it isn't even uncommon either. That is the story that made the news. There are literally hundreds that don't. It may not be the majority of young people, but it is deeply disturbing that such a level of violence is far from uncommon.

Woody096 · 30/09/2022 23:08

I would be surprised if she was interviewed by the police at the school. The fact they have mentioned charge suggests they suspect her of an offence. If that is correct PACE applies, whether under arrest or a voluntary invite to interview. All interviews should be recorded (there are some exceptions e’g road traffic offences- but usually cautioned before questioning & then told if you are being reported with a view to being charged )
PACE states it should be an interview at a police station. She should also have been cautioned. Due to her age an AA would need to be present usually a parent (suspect can say they prefer a social worker or youth worker).

I would speak to the school in the first instance

AlisonDonut · 01/10/2022 09:49

I'd probably be getting legal advice at this stage and requesting the recording of the interview.

dad11122 · 01/10/2022 10:19

itsgettingweird · 30/09/2022 16:16

As above.

She is entitled to an appropriate adult present to make sure they aren't putting words into her mouth and are asking questions appropriately.

But I'm surprised you weren't informed afterwards by police she had been interviewed.

A person under the age of 18 cannot legally be questioned without an appropriate adult present. If the person who acted as appropriate adult allowed your child to be questioned without a solicitor present then I would make a complaint about them to the relevant party.

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