arrest of a 16 year old

[Budlet]

If a 16 year old is arrested are the police allowed to take DNA samples and fingerprints at the station before an adult is present? There has to be a responsible adult present before they can be interviewed.

[coolwill]

I would say you are classed as an adult at 16. I was in the army when I was 16 and my god you knew it.

[pauln90]

If a 16 year old is arrested then they cannot be interviewed or samples taken without the presence of an "Appropriate Adult"

This can be a parent , guardian, social worker or indeed any other responsible adult/family memer/friend over 18 provided they are not involved in the offence.

[Budlet]

Thanks for your answers. pauln90 - I was interested to read your comment. My stupid 16 year old son and his mate were caught in a local park smoking a joint. He was arrested and taken to the police station at 8.45. It was 9.30 before we were contacted to come down to be present at an interview. I was annoyed to find that due to 'standard practice' he had been DNA swabbed and fingerprinted without my consent. If he is classed as underage he should not, in my opinion, have anything done until an adult is present. I don't know whether to complain or just leave it.

[pauln90]

Here is the official view

http://www.direct.gov.uk/en/Parents/CrimeAndYo ungOffenders/DG_4003033

Whilst it does not specifically mention samples,it was not the practice when I was serving 6 years ago to take such samples until an appropriate adult was present.Although maybe newer legislation is in place regarding this

Maybe you could contact the officer in charge of the police station and ask him/her to clarify the legislation that enabled them to take samples before your attendance at the police station.

[Reverandfunk]

Just leave it.

The police have a hard enough job to do without you moaning to them after your son has been stupid enough to get caught with a spliff.

[EverClean]

I think you should complain.

The Police have a duty to carry out their procedures correctly. I for one am sick of the Police thinking that laws and rules are there for them to enforce but don't actually apply to them.

[Budlet]

Thanks to everyone. Oh, and by the way Reverendandfunk, the Police don't seem to have too hard a job where I live. My sons arrest involved 6 officers (can you believe 3 arresting officers! 1 to phone me at home, 1 custody officer and 1 to do the interview) and over 3 hours with them all at the station! I suppose it kept officers safe and warm off the street where there were far more major crimes taking place!!!

[Reverandfunk]

Yes go ahead and complain for your sons stupidity.

Waste your time and the polices and what will happen?

Burger all

[Yorkie580]

You don't have to be present or even give your consent for fingerprints/DNA - they aren't intimate samples and get taken from anybody arrested (as from Jan 2006). If the person arrested refuses then they can be taken by force if necessary (although most people are sensible enough to give them once everything has been explained). There isn't actually a "complaint" that can be registered regarding that because it was lawful.

Regarding the 45 mins between being arrested and you being informed... again it doesn't actually sound too excessive in reality. If he arrived at the station (ie drove into the back yard) and was then waiting to be booked in etc then 45 mins would explain the time taken to get through teh procedure. If it was 45 mins between him asking for you to be informed and them telling you then you'd have to look at the reasons why but if they drove to tell you personally, or other arrestees were using the phone, or they couldn't get through then there wouldn't be any real breach of the codes.

Hope this helps.

[Budlet]

Thanks very much Yorkie580. This was exactly what I wanted to know. Many thanks.