Children's Rights and Police Questioning: The Right to a Lawyer

Abstract

The rights of children during police questioning are enumerated in international law and standards, including the United Nations Convention on the Rights of the Child (UNCRC), the Guidelines on Child-Friendly Justice and EU Directive 2016/800 on procedural safeguards for children who are suspects or accused persons in criminal proceedings. These instruments require that adaptations be made to police investigations that involve child suspects, integral to which is the child’s right to a lawyer, including access to legal advice and assistance around the process of interrogation. This chapter aims to consider the application of children’s rights to the process of police questioning, taking account of the particular circumstances of children in these situations, including their vulnerability. In particular, the chapter considers the role of ‘legal and other assistance’ as set out under Article 40 of the UNCRC and seeks to explore how this right can be protected. Specifically, consideration is given to the role of the lawyer in the process, the child’s right to access a lawyer and any barriers that prevent such access from being effective. The complex issue of whether the child has a right to waive their right to a lawyer is also considered from a children’s rights perspective. The research draws on international law and practice in this area, as well as research exploring children’s experiences of their rights during police questioning drawn from research funded by the Policing Authority in Ireland in 2020.