Can the Gardaí arrest me if I am under 18?

The Gardaí have the same powers whether they are dealing with a child, a young person or an adult. But, if you are under 18, the Gardaí must act with additional respect for your personal rights and must take into account both the fact that you are younger and your level of maturity.

Who will be told if I am arrested and brought to a Garda station?

The member in charge of the Garda station must tell your parents or guardian that you are in custody, why you are there and that you have the right to a solicitor. The member in charge must ask your parent or guardian to come to the station as soon as possible.

Can the Gardaí question me on my own?

If you are under the age of 18, the Gardaí must not question you or ask you to make a written statement without your parent or guardian present, except if:

 • they cannot get in touch with your parent or guardian;

• your parent or guardian has been told but they have not come to the Garda station in a reasonable time; or

 • the Gardaí believe that people or property might be at risk if questioning is delayed.

 The Gardaí can also refuse to allow your parent or guardian to sit in on the interview if they believe that your parent or guardian could have been involved in the suspected offence or that their presence might cause an obstruction of justice.

 However, if the Gardaí propose to question you in the absence of a parent or guardian, they must try and arrange for your other parent, another relative or some other responsible adult (such as the local peace commissioner) to be present at the interview.

Where will I be held in the Garda station?

The member in charge of the Garda station must try and make sure that you are not detained with adults unless there is no other secure accommodation available.