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40 answers

No

2007-02-27 05:57:41 · answer #1 · answered by kingstubborn 6 · 0 2

Are they a suspect?
If they are they can have an parent or some other adult relative or lawyer present during questioning. They can technically waive this right and talk to the police on their own. I highly doubt that any statement they made under these circumstances would hold up in court though. You really can't be sure that a 12 year old understands the right to remain silent and the repercussions of talking to police. I personally would never interview a 12 year old suspect without a parent or guardian there.

If the kid is only a witness, there would be no problem interviewing a child this age without a parent present. I still would like to have a parent present though, when possible because the parent will want to know why you are talking to their kid anyway.
If it is just a quick interview of a couple of minutes for something of a minor nature, it shouldn't be a problem.

2007-02-27 11:24:37 · answer #2 · answered by joeanonymous 6 · 0 0

Yes they have to have a legal guardian with them that could be a parent, guardian or someone from social services. This is so that the child is protected and so the officers who do the interview are protected as well, the adult is there to make sure the interview doesn't go on too long and stop it for any reason. The officers are protected because of this if someone in the court proceedings tries to say there was something wrong with the interview then the police can produce the legal guardian as a witness to answer questions on how the child was during the interview.

2007-02-27 06:14:11 · answer #3 · answered by bamco19 1 · 0 0

When a question on such a legal issue is to be asked... you should identify yourself to which part of the world you belong - only then you will get any useful answer. There is no Universal Police law to hold good for every place on the Earth.

In India - yes. (And i hope in any rational country the answer should be yes) But whatever statement made before police is not an evidence in the eyes of the court i.e., statement made before police has no evidentiary value.. so no problem what ever the child say with the police... The court will find out the truth in eventual proceedings.

2007-02-27 07:05:14 · answer #4 · answered by Anonymous · 0 0

Between the ages of 10 upto and including a 16 year old a juvenile cannot be interviewed without the presence of an appropriate adult. It is normally a parent, but this is not the case in all instances.

2007-02-27 08:25:36 · answer #5 · answered by Roaming free 5 · 0 0

Yes a child must have an adult with them at all times during questioning.
In certain cases it is not the parents,but must be a social worker and not a member of the police.
This is the law and if a child has been interviewed without adult supervision,then the law has been broken.

2007-02-28 12:41:09 · answer #6 · answered by Tony 3 · 0 0

In the United States each state has its' special legal issues concerning juveniles.

Most issues concerning juvenile interviews passed down by the US Supreme Court, as a minimum require a special rights advisement to include the ability to have a parent or legal guardian present.

A juvenile who is questioned by police with permission by the parents may be afforded a "private interview" with parental consent.

Best wishes!

2007-02-27 06:41:40 · answer #7 · answered by KC V ™ 7 · 0 0

If in the UK yes.I assume you mean a formal interview not just a police officer speaking to a child in the street.Normally parents but can be an adult of same sex,soc ail worker,teacher etc.not as stated here always parents as they could be co defendants or complainants

2007-02-27 05:59:51 · answer #8 · answered by frankturk50 6 · 0 0

Yes, Any child under the age of 17 has to has a legal guardian or child protection services. Juveniles have more rights on earth then god. That is a fact. We can even hardly say boo to them without someone.

2007-02-27 06:08:56 · answer #9 · answered by Anonymous · 0 0

yes she is classed has a minor under the age or 18 yrs my daughter is 13yrs was interviewed only a week ago as a witness and i had to be present or a adult over 18 with parents permission

2007-02-27 06:01:00 · answer #10 · answered by Anonymous · 0 0

Not if it is a case of an offence (being caught red-handed) being committed - stopped coming out of a closed shop at 3 a.m with an armful of goods.
When taken to the police station then yes every time.

2007-02-28 03:22:32 · answer #11 · answered by confused 4 · 0 0

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