Bill 395 changes the law so that police cannot interrogate children 15 and under until a child has consulted with an attorney.
Long-established law requires that when police take a person into custody they must advise them of their right to remain silent before their responses to police questioning can be used against them in court (“Miranda warnings”). Until now, children of any age could waive those rights before speaking with a lawyer – even before their parents knew they were in custody. Children, whose brains are still developing, are less able than adults to understand complex legal ideas and the ramifications of submitting to questioning by police.
