Youths' right to counsel if arrested

If you have a lawyer or you know the name of a lawyer you want to speak to, you can ask to contact them. If you speak to a parent, guardian, adult relative, or other appropriate adult, you can ask them about what lawyer to call.

You can also ask the police for a list of lawyers, or you can ask to speak to a free lawyer from Legal Aid BC. A lawyer will be able to give you legal advice about your situation.

A lawyer can:

• give you more information about your rights,
• help you understand your rights and how to use them, and 
• explain your next steps.

Anything you say privately to the lawyer is confidential and can't be used as evidence against you in court.

The police must:

• inform you of your rights, and
• make sure those rights are fulfilled,

before they can question you or try to get a statement from you, even after you’ve spoken to a lawyer.

The police must tell you the reason you're under arrest, and they’ll most likely ask you if you understand what you’re being arrested for. This isn't the same as them asking if you committed the crime you’re being arrested for, or if you know the reason they’re arresting you for that crime.

You don’t have to:

• tell the police whether you agree or disagree with the reason for your arrest or whether you know why you're being arrested,
• say anything about the crime being investigated, OR
• answer any questions the police ask you as part of their investigation.

Anything you say to the police without being asked or encouraged, before they've had a chance to explain and act on your rights, can be used against you.

Anything you decide to tell the police, after they’ve explained and acted on your rights, can be used against you.

It's a good idea to have a lawyer and a parent or other adult with you to help make sure your rights are protected.

Being questioned by the police

The police can't question you if:

• you've asked to speak to a lawyer or a parent or other adult, but you haven't had a chance to speak to them yet, OR
• you've contacted a lawyer or a parent or other adult to ask for them to be present, but they aren’t with you yet.

The police may try to get a statement from you by asking you questions or by attempting to get you to talk about the crime they believe you committed.

They may also want to ask you questions about other topics that will help them investigate you for that crime.

You don’t have to say anything to the police at any time.

Making a statement to the police

A statement includes anything you say to the police. A statement isn't limited to:

• a formal statement that’s recorded or written down,
• a confession or admission of guilt, OR
• comments directly about the suspected crime.

Depending on the investigation, what you say to the police and the information you give them may be used as evidence against you in court or to help their investigation of you.

If you're the parent or guardian of a youth who's been arrested, the police must notify you if the youth is:

• going to be held in custody pending a court appearance, OR
• released and given a future court date. 

Otherwise, the police may or may not notify you immediately after the youth's arrest.

Before the youth is questioned by or makes a statement to the police, they have the right to contact you. Unless the youth exercises that right, the police are under no obligation to contact you. 

If the youth contacts you, they have the right to be:

• told that you must be present when they're being questioned or making a statement to police, and 
• given a reasonable opportunity for you to be present for any questioning or a statement (unless they don't want you to be with them).