Police Questioning of a Minor

Introduction

When a minor is arrested or summoned for police questioning, parents often find themselves under enormous pressure, confused, alarmed, and unsure of what is allowed and what is prohibited. The Youth Law (Trial, Punishment and Modes of Treatment), Tashla-1971, sets out specific provisions protecting minors in criminal proceedings, protections that must be known and demanded in real time.

1. Duty to notify parents

Under section 9Vav(c) of the Youth Law, the officer in charge must notify the minor's parent without delay in two situations: when a suspected minor arrives at the station (even without arrest), and when a minor is arrested. If the parent cannot be located with reasonable effort, an adult relative known to the minor must be informed.

2. Questioning a minor with the parents' knowledge

A minor suspect or witness will be summoned and questioned with the knowledge of his or her parent, unless the minor personally requested otherwise, or an authorized officer decided otherwise for reasons relating to the best interests of the investigation, the minor's welfare, or the prevention of obstruction of proceedings.

3. The right of a parent to be present during questioning

A minor suspect who is not under arrest, and who under the law has the right to have his or her parent or another relative notified, is entitled to their presence during questioning and to consult with them as far as possible before it begins, unless an authorized officer believed that the parent's presence would harm the investigation, frustrate it, or prevent the discovery of evidence. Another exception: if the minor personally expressed opposition for a reasonable reason.

Warning: not infrequently, the police exploit the parents' state of pressure and induce them to get their children to confess, without legal advice. Do not enter the interrogation room before consulting.

4. Beginning questioning without a parent's presence

An authorized officer may begin questioning even without a parent's presence if: the parent did not arrive within a reasonable time after being summoned; the parent could not be located with reasonable effort; or there is concern about obstruction of investigative proceedings. The decision must be reasoned in writing.

5. Parental interference in questioning

The parent present shall not interfere during the questioning and shall not leave the interrogation room without permission from the investigator. An investigator is authorized to remove a parent who disrupts the questioning, interferes with it, or threatens the minor.

6. Prohibition on questioning at night

A minor shall not be questioned at night hours, except in exceptional circumstances:

For a minor under the age of 14, night hours are between 20:00 and 07:00. For a minor who has reached 14, night hours are between 22:00 and 07:00.

Permitted exceptions: the offense was committed close to the time of the arrest; concern about obstruction of the investigation; prevention of the discovery of evidence; harm to the minor's well-being.

7. The right to consult with a lawyer before questioning

Before the questioning of a minor suspect begins, the investigator must inform the minor, in language he or she understands and taking the minor's age into account, of two central rights: the right to consult privately with a lawyer, and the right to a parent's presence. The right to consult with a lawyer is the most important right, and it should be exercised before any version is given.

Legal representation for minors in questioning and in criminal proceedings

Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents minors and youths in police investigations and criminal proceedings, including immediate advice before the investigation, accompanying the parents, working with the Probation Service, and building a rehabilitative path. If your child has been summoned for questioning or arrested, seek an initial consultation without obligation before any version is given.