Arrest and Interrogation of Minors – The new generation

by | Jul 6, 2013 | Criminal Law, Israeli Legal System

More and more our society is seeing minors, as young as 9 years old, involved in crimes involving, stealing, drugs, violence, sexual harassment, vandalism and unfortunately serious crimes involving even rape.

Juvenile courts are what they are – a place where maybe the entire future of a young child will be decided. A court room is not a kindergarten and like it or not, Judges have tremendous power to decide if this young person will go to some kind of jail or be sent home.

Parents are usually taken by surprise (especially the first time), never expecting anything like that to happen to their “wonderful innocent child”.

Most parents are not prepared for an arrest, they don’t know how to react or what to expect from the police or the Judge.

This article covers a literal translation of the law regarding the Arrest and Interrogation of minors and I strongly suggest you read it hoping you will never have to use any of this knowledge for any member of your family.

 

Arrest and Interrogation of Minors (The Law)

Minor: A person who has not yet reached 18 years of age, including adults who, on the day of indictment had not yet reached 18 years of age.

Punishable Minor: A minor above the age of 12.

A.   Arrest Guidelines of Minors

  1. A child under 12 years of age: A Non Punishable Minor (not yet reached 12 years of age) suspected of any crime shall not be arrested; he should be treated as a witness.
  2. Effecting the Arrest: Arrest of a Punishable Minor shall be carried out only as a last option, only if it is not possible to achieve the goal of arrest in a manner that is less damaging to his freedom; in addition, the arrest shall be for a least possible period of time necessary. When deciding to arrest or handcuffing a minor his age and the affect on his physical and emotional  well being and on his development must be considered. Arrests of minors that are initiated** (as opposed to an “on the spot” arrest) shall be carried out by a youth investigator.
  3. Place of Arrest: A minor shall not be arrested at school, kindergarten/nursery school/crèche or camp, unless the arrest cannot be delayed. In such an event, the manner (of arrest) shall be done in conjunction with the manager of the specific location and educational workers who know the minor must be consulted. The minor must be informed using language understandable to him as to the purpose of his being removed from his current location and the necessity of it.
  4. Handcuffing (restraining) a minor: A minor shall not be handcuffed in a public place unless there is no other way to accomplish the goal of the handcuffing in a less damaging manner.  The handcuffing shall be done for the shortest possible length of time necessary.
  5. Notification of relatives: Immediately upon the arrest of a minor, notification must be made to his parents, if it is not possible to locate them, a notification shall be made to another of the minor’s relatives.
  6. Minors aged 12 –14 may be kept under arrest without an arrest warrant for a period of time that does not exceed 12 hours. If the minor cannot be brought before a judge within the above-mentioned period of time, a police person of officer’s rank in charge of the police station may extend the arrest for an additional period of time not exceeding 12 hours.
  7. A minor above the age of 14 may be held under arrest without an arrest  warrant for a period of time that does not exceed 24 hours. If the minor cannot be brought before a judge within the above-mentioned period of time, a police person of officer’s rank in charge of the police station may extend the arrest for an additional period of time not exceeding 24 hours.
  8. The period of time that a minor may be held prior to presentation of an indictment shall not exceed ten days and may be extended by a maximum of an additional ten days.
  9. If no indictment is issued within 40 days the minor shall be released.
  10. A minor under the age of 14 years may not be arrested for the duration of proceedings.
  11. A minor who has been indicted, but without a verdict rendered within six months, shall be released.
  12. In the event of release with bail, the conditions of release shall be determined according to his special needs as a minor.
  13. Notification to Parents:  A minor shall be summoned for interrogation and interrogated with notification to his parents, unless it is not possible to locate his parents or another relative after making reasonable efforts. The notification shall be delivered without delay as soon as the possibility of locating them exists. Non-notification shall be documented in writing. However, notification to the parents shall not be made if the minor should object for reasonable grounds. In addition, a authorized policeman (officer rank) may order, with written justification, that the minor be interrogated without notification to the parents or other relative, if the notification is likely to damage the minor’s well being or that of another, or if said notification is likely to obstruct the investigation or if the notification is likely to damage state security (for a minor suspected of a security offense). Delay in notification to a parent is limited to eight hours from the time the minor arrives at the police station or to six hours if no notice has been made to any other relative.
  14. Presence of an adult during interrogation: A minor under suspicion shall not be interrogated at a police station during nighttime hours, without permission in writing from an authorized officer in special circumstances.
  15. Each police station or city district shall appoint youth workers.
  16. While tending to a minor, the policeman shall carry out his duties in a manner that prevents exposing the minor to the public and any needless harm, and will avert as much as possible arrest and interrogation in public areas.
  17. A youth workers shall not dress in uniform (except for public relations activities , court appearances and when representing the police to external authorities).
  18. Youth workers shall perform their work in separate rooms.
  19. Minors under the age of 14 shall not be polygraph.
  20. Minors aged 14 – 16 shall be polygraph providing that:
    1. The offence under investigation is a felony or is of major importance to the public.
    2. The need for a polygraph is supported by the opinion of a District Youth Worker or of the Head of the Youth Division.
    3. The minor and one of his parents gave they consent in writing.

B.   Arrest Without Judicial Warrant

  1. Minors aged 12 –14 may be kept under arrest without an arrest warrant for a period of time that does not exceed 12 hours. If the minor cannot be brought before a judge within the abovementioned period of time, a policeperson of officer’s rank in charge of the police station may extend the arrest for an additional period of time not exceeding 12 hours.
  2. A minor above the age of 14 may be held under arrest without an arrest  warrant for a period of time that does not exceed 24 hours. If the minor cannot be brought before a judge within the abovementioned period of time, a policeperson of officer’s rank in charge of the police station may extend the arrest for an additional period of time not exceeding 24 hours.

C.   Arrest With Judicial Warrant

  1. The period of time that a minor may be held prior to presentation of an indictment shall not exceed ten days and may be extended by a maximum of an additional ten days.
  2. If no indictment is issued within 40 days the minor shall be released.
  3. A minor under the age of 14 years may not be arrested for the duration of proceedings.
  4. A minor who has been indicted, but without a verdict rendered within six months, shall be released.
  5. In the event of release with bail, the conditions of release shall be determined according to his special needs as a minor.

D.   Conditions Detention (Arrest)

  1. A minor shall be held under arrest in a separate Juvenile Jail/Detention Facility or in a separate Juvenile detention wing under condition appropriate to his age and needs and with special supervision to his physical and emotional welfare, as such he shall be provided with educational and recreational services.
  2. An arrested minor against whom no indictment has yet been presented has the right to receive family visitors, letters and telephone contact unless the officer in charge is of the opinion that such will damage the investigation for reasons that shall be written down.
  3. The decision to hold a minor under arrest with other minors shall take into consideration his well being, age differences, type of offence, criminal history and with due regard for /likelihood of possible violence between them.

Interrogation of Minors

A.   Rules for Interrogation of Minors

  1. Notification to Parents:  A minor shall be summoned for interrogation and interrogated with notification to his parents, unless it is not possible to locate his parents or another relative after making reasonable efforts. The notification shall be delivered without delay as soon as the possibility of locating them exists. Non-notification shall be documented in writing. However, notification to the parents shall not be made if the minor should object for reasonable grounds. In addition, a authorized policeman (officer rank) may order, with written justification, that the minor be interrogated without notification to the parents or other relative, if the notification is likely to damage the minor’s well being or that of another, or if said notification is likely to obstruct the investigation or if the notification is likely to damage state security (for a minor suspected of a security offence). Delay in notification to a parent is limited to eight hours from the time the minor arrives at the police station or to six hours if no notice has been made to any other relative.
  2. Presence of an adult during interrogation: A minor under suspicion shall not be interrogated at a police station during nighttime hours, without permission in writing from an authorized officer in special circumstances.

B.   Youth Workers

  1. Each police station or city district shall appoint youth workers.
  2. While tending to a minor, the policeman shall carry out his duties in a manner that prevents exposing the minor to the public and any needless harm, and will avert as much as possible arrest and interrogation in public areas.
  3. A youth workers shall not dress in uniform (except for public relations activities , court appearances and when representing the police to external authorities).
  4. Youth workers shall perform their work in separate rooms.

C.   Minors and Polygraph Testing

  1. Minors under the age of 14 shall not be polygraph.
  2. Minors aged 14 – 16 shall be polygraph providing that:
    1. The offence under investigation is a felony or is of major importance to the public.
    2. The need for a polygraph is supported by the opinion of a District Youth Worker or of the Head of the Youth Division.
    3. The minor and one of his parents gave they consent in writing.

As we lawyers know: DURA LEX SED LEX (The law is harsh but is the law)