Children and young people have all of the rights of adults upon arrest and some additional rights to reflect their vulnerable position.
A person under the age of 18 is entitled to have a lawyer, adult relative or adult friend present during any police interview or investigation [Summary Offences Act 1953 (SA) s 79A(1)(b)(i)]. If they do not nominate an adult to attend or no one is available, the youth ought not be interviewed unless someone else suitable is available [s 79A(1a)].
The arresting officer must, as soon as practicable after arresting a person under the age of 18, explain to the youth the nature of the allegations, inform them of their right to seek legal representation, take all reasonable steps to inform their parent, guardian or other nominated adult of the arrest, and invite them to attend the police interview [Young Offenders Act 1993 (SA) s 14].
Police may interrogate a youth without a suitable adult present if the maximum penalty of the suspected offence is less than 2 years' imprisonment or if it is not reasonably practicable for a suitable adult to attend [s 79A(1b)].
See also Young offenders.