Section 221 — Children, Young Persons, and Their Families Act 1989: Admissibility of statements made by children and young persons

221 Admissibility of statements made by children and young persons (1) This section applies to— (a) Every child or young person who is being questioned by an enforcement officer in relation to the commission or possible commission of an offence by that child or young person: (b) Every child or young person— (i) Who has been arrested pursuant to section 214 of this Act; or (ii) Whom any enforcement officer has made up his or her mind to charge with the commission of an offence; or (iii) Who has been detained in the custody of an enforcement officer following arrest pursuant to section 214 of this Act. (2) Subject to sections 223 to 225 and sections 233 and 244 of this Act, no oral or written statement made or given to any enforcement officer by a child or young person to whom this section applies is admissible in evidence in any proceedings against that child or young person for an offence unless— (a) Before the statement was made or given, the enforcement officer has explained in a manner and in language that is appropriate to the age and level of understanding of the child or young person,— (i) Except where subsection (1)(b)(i) or (iii) of this section applies, the matters specified in paragraphs (a) and (b) of section 215(1) of this Act; and (ii) The matters specified in paragraphs (c) to (f) of section 215(1) of this Act; and (b) Where the child or young person wishes to consult with a barrister or solicitor and any person nominated by that child or young person in accordance with section 222 of this Act, or either of those persons, before making or giving the statement, the child or young person consults with those persons or, as the case requires, that person; and (c) The child or young person makes or gives the statement in the presence of one or more of the following persons: (i) A barrister or solicitor: (ii) Any person nominated by the child or young person in accordance with section 222 of this Act: (iii) Where the child or young person refuses or fails to nominate any person in accordance with section 222 of this Act,— (A) Any person referred to in paragraph (a) or paragraph (b) of section 222(1) of this Act; or (B) Any other adult (not being an enforcement officer).