Schools: Police

(asked on 21st October 2015) - View Source

Question to the Home Office:

To ask Her Majesty’s Government what protocols should be followed when a pupil is interviewed by the police on school premises.


Answered by
Lord Bates Portrait
Lord Bates
This question was answered on 29th October 2015

The Police and Criminal Evidence Act 1984 (PACE) Codes of Practice set out the procedures that the police must follow in the exercise of their powers. The interviewing of suspects and witnesses is covered in paragraphs 11 and 12 of PACE Code C. In relation to interviewing pupils on school premises, I would refer you to paragraph 11.16 and Note for Guidance 11D:

11.16 Juveniles may only be interviewed at their place of education in exceptional circumstances and only when the principal or their nominee agrees. Every effort should be made to notify the parent(s) or other person responsible for the juvenile’s welfare and the appropriate adult, if this is a different person, that the police want to interview the juvenile and reasonable time should be allowed to enable the appropriate adult to be present at the interview.

If awaiting the appropriate adult would cause unreasonable delay, and unless the juvenile is suspected of an offence against the educational establishment, the principal or their nominee can act as the appropriate adult for the purposes of the interview. Note: Paragraph 1.5A extends the requirement in this paragraph to 17-year-old suspects. 11D Juveniles should not be arrested at their place of education unless this is unavoidable. When a juvenile is arrested at their place of education, the principal or their nominee must be informed. Paragraph 1.5A extends this Note to 17-year-old suspects.

In addition, Note for Guidance 2A in PACE Code G specifically relates to the investigation of the use of force by school staff. PACE Codes of Practice must be followed by all police officers in England and Wales. At a local level, police forces may provide their officers with additional guidance to that contained within the PACE codes. This guidance could relate to the protocols to be followed when interviewing pupils on school premises. Such guidance is not held centrally.

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