Module 6.4

6.4 Police Duties and Safeguards for Children in Conflict with Law

When a police officer first encounters a child suspected of an offence, and police reasonably believe that the suspect is a child (under 18), they must:

• inform parents or legal guardians without delay, unless doing so places the child at risk
• notify the Probation Officer immediately in accordance with the JJSA
• explain to the child, in simple and age-appropriate language, the reason for police involvement and their rights
• ensure the child is kept physically separate from adult suspects or detainees at all times
• protect the child’s identity and personal details from public or media exposure avoid the use of handcuffs, restraints or force
• give priority to release on bail or by warning where the offence is bailable or non-serious,

Separate Treatment of Children

Police must ensure full separation of children from adults at every stage:

✔ during arrest
✔ in custody
✔ in lock-ups
✔ during transport
✔ in detention facilities