Section 215 — Children, Young Persons, and Their Families Act 1989: Child or young person to be informed of rights before questioned by enforcement officer

215 Child or young person to be informed of rights before questioned by enforcement officer (1) Subject to sections 233 and 244 of this Act, every enforcement officer shall, before questioning any child or young person whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence, explain to that child or young person— (a) Subject to subsection (2) of this section, if the circumstances are such that the enforcement officer would have power to arrest the child or young person without warrant, that the child or young person may be arrested if, by refusing to give his or her name and address to the enforcement officer, the child or young person cannot be served with a summons; and (b) Subject to subsection (2) of this section, that the child or young person is not obliged to accompany the enforcement officer to any place for the purpose of being questioned, and that if the child or young person consents to do so, that he or she may withdraw that consent at any time; and (c) That the child or young person is under no obligation to make or give any statement; and (d) That if the child or young person consents to make or give a statement, the child or young person may withdraw that consent at any time; and (e) That any statement made or given may be used in evidence in any proceedings; and (f) That the child or young person is entitled to consult with, and make or give any statement in the presence of, a barrister or solicitor and any person nominated by the child or young person in accordance with section 222 of this Act. (2) Nothing in paragraph (a) or paragraph (b) of subsection (1) of this section applies where the child or young person is under arrest. (3) Without limiting subsection (1) of this section, where, during the course of questioning a child or young person, an enforcement officer forms the view that there are reasonable grounds to suspect the child or young person of having committed an offence, the enforcement officer shall, before continuing the questioning, give the explanation required by that subsection. Subsection (1) was amended, as from 8 January 1995, by section 30(1) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121) by substituting “ whom there are reasonable grounds to suspect of having committed an offence, or before asking any child or young person any question intended to obtain an admission of an offence ” for “ in relation to the commission or possible commission of an offence by that child or young person ” . Subsection (3) was inserted, as from 8 January 1995, by section 30(2) Children, Young Persons, and Their Families Amendment Act 1994 (1994 No 121).