If your child has been arrested, one of the most worrying concerns for parents is whether they can be kept in custody overnight. The answer is yes, but only in very limited circumstances and following strict legal rules.

Understanding how police detention works can help you support your child and ensure their rights are protected. A youth crime solicitor can also provide immediate guidance at the police station and make sure your child is given access to the support they’re entitled to and not subject to any unnecessary processes.

When can a child be held overnight by the police?

A child can only be kept in police custody overnight if:

• They are over 12 years old
• No other secure accommodation is available
• There is enough evidence to justify continued detention
• The police are still investigating the crime
• If it is necessary to secure evidence or complete enquiries

Detention must be reviewed regularly by an inspector to ensure it remains lawful.

What safeguards are in place?

Children are vulnerable as they’re still developing and learning and lack the maturity to understand things as an adult would. The police have a duty to treat children differently to adults in custody.

Children in custody are entitled to additional protections, including:

• Having their parent or guardian notified immediately
• Access to free legal advice from the duty solicitor or a solicitor of their choice
• Regular reviews of their detention
• Having an appropriate adult including during the booking process, interviews and if taking any DNA samples
• A health and safety and welfare assessment carried out on arrival
• Girls should be looked after by female police officers

Where will my child be held?

In many areas, children are transferred to designated custody suites with specialist facilities.

In some cases, they will be taken to secure local authority accommodation instead of the police cells.

How long can they be kept?

Generally, police can hold a suspect without charge for up to 24 hours. In serious cases they can be held up to 96 hours, but this requires authorisation and is only used in the most extreme circumstances.

What should I do if my child is in custody?

If your child is arrested the police must tell you immediately, you can then take the following steps:

• Go to the police station and act as their appropriate adult, or you can request a professional such as a social worker.
• Get a youth crime defence solicitor, they are legally entitled to it and it is free. Having a solicitor does not make them look guilty.
• Work with your solicitor to understand what happens next.
• When they are released you will be able to take them home.

Why having a youth crime solicitor supporting you early matters

A youth crime solicitor can:

• Challenge unlawful or unnecessary detention
• Ensure proper procedures are followed
• Advise your child before any interview
• Be present throughout the interview process to provide ongoing advice
• Support you throughout the custody process

While overnight detention is sometimes necessary, it is tightly regulated. Knowing your child’s rights and acting quickly can make a significant difference.

If you want advice from a youth criminal defence solicitor call our team today on 0800 138 0458 or use the form below and we’ll make sure your child gets the best outcome for their situation.