For a child to be held in custody especially at a police station can be a disturbing and traumatizing experience for them. As such they must not be subjected to any such procedures that may cause them any mental distress.
A child must be represented at the police station in such a manner by abiding by all the rules and regulations as laid down by the law.
The following points should necessarily be kept in mind:
- An appropriate adult or a guardian of the child must be present at the police station. Such a person can either be a parent, a guardian, a professional of a recognised group involved in child services or a carer of the child. Such a person would play a role to safeguard the welfare, rights and entitlements of the child.
- Such an Appropriate adult must actively assist, advise and support the child. Additionally, they must observe whether the police officials are acting in an appropriate manner concerning the rights and entitlements of the children and to help the child understand his or her rights in respect to the particular matter.
- If a child is charged with a particular crime committed by him or her they shall be released on bail whenever it is possible. This must be done to ensure that the child spends as little time as possible in the custody of the police. This right has been provided by the Bail Act 1976. The custody officer may also consult the Local Authority’s Youth Offending Team in case of any concerns about the bail of such children.
- A child has the right to legal representation by an appropriate legal attorney and it must be ensured that they get such legal representation while at the police station or the court of law.
- It must be kept in mind that if a child is under the age of 10 years they cannot be held liable (be charged) for a criminal offence. However, if they are above the age of 10 years they are treated within the category of a young person who falls under the age of 18 years.
Additional points to be kept in mind:
- If a child is charged with a more serious offence that falls within the exception wherein bail cannot be granted for the same, the child will have to make an appearance before the Youth Court.
- If the child has committed a minor offence for the first time there may not be a necessity for them to appear in court and the matter can be resolved outside the court system.
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