Can police question a 12 year old without parents?

Can police question a 12 year old without parents?

The police should not begin interviews if the child has requested that an adult such as a parent is present. If no adult is present the police may interview the child under certain circumstances. If this is the case then the police may well interview the child in the presence of an appropriate adult.

What is a statement in police?

A statement is a written or in certain circumstances a video-recorded account of what happened. A statement can be used as evidence in court. Before making any statement, the officer will ask questions to find out exactly what happened.

How do I get a police statement?

A police officer will ask you questions and write down what you have said. You will be asked to read it and sign it with your name. When you sign a witness statement you are saying that you agree the statement is a true account of your experience. Your witness statement may be used as evidence in court.

Can the police take a child from a parent?

Under Section 46 of the Children Act 1989, a child can be lawfully removed without the consent of the parents if the police officer reasonably believes that the child is at risk of suffering significant harm if they are not removed or kept in suitable accommodation.

Do minors have the right to remain silent?

Minors accused of juvenile crimes in California have the right to remain silent and to be read a “Miranda warning” before being interrogated. You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.

Can you refuse to make a witness statement?

A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.

Can the police force you to make a witness statement?

Whilst there is no legal requirement to give a witness statement to the police there is a moral duty on each of us to help the police with their enquiries. For many, the prospect of giving a statement and appearing in court is frightening for reasons such as fear of reprisals and nervousness about going to court.

Can a mother stop the father seeing the child?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

Is it illegal to not listen to your parents?

Your parents are required by law to provide for your care and upbringing. You, in turn, are required to obey them and follow their rules. The law gives parents a lot of freedom in raising children. However, it is not without limits.

Can a parent invoke Miranda for a child?

While children, like adults, may invoke their Miranda rights, the Supreme Court has found that suspects, including children, can also waive those rights and speak to the police so long as the waiver is knowing, voluntary and intelligent (see Fare v Michael Cand Maryland v Shatzer).

Can you be handcuffed without being read your rights?

Many people believe that if they are arrested and not “read their rights,” they can escape punishment. Not true. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can’t use for most purposes anything the suspect says as evidence against the suspect at trial.

Can you withdraw a statement given to police?

The police might try and talk you out of it. If you withdraw your statement, the case might still go to court if the police think they have enough evidence to prosecute the suspect. If you want to withdraw your statement because you’re worried about giving evidence, you should tell the police how you feel.