The arrest provisions stated above apply to children as well as to adults. However, once arrested, children (under 18) are treated differently by the criminal justice system.

It should be very rare for a child to be remanded in custody and, if it does occur, it ought to be vigorously contested. In deciding whether to remand a child, the Children's Court will have regard to the nature and circumstances of the alleged offence and the child's background, including any prior convictions, and must not remand a child only because the child does not have satisfactory accommodation. (On children's matters, see: Chapter 6*2 The Children's Court.)

The Victoria Police Manual states that children are to be kept in custody only as a last alternative. The use of bail with conditions is preferable to remand (Victoria Police Manual – Operations 113-6 "Bail and remand"). Where practicable, proceedings are to be taken by summons. The Victoria Police Manual also sets out where children can be kept until going before a court if they are to be held on remand.

If the suspect is under 18, police must not question or carry out an investigation unless the suspect's parent or guardian is present. If they are not available, an independent person (see: "Role of the independent person", below) must be present. The suspect must also be given the chance to talk to the parent, guardian or independent person in a place where they won't be overheard (s.464E Crimes Act (Vic.)).

The police do not have to wait until the parent, guardian or independent person is present where:

The requirement that interviews relating to indictable offence must be audio or audiovisually recorded also applies to young people.

The role of the parent, guardian or independent person is an important one. According to Victoria Police Manual – Operations 112.03 "Suspects and offender – interviews and statement", the role is to:

Without doubt it is also the role of the independent person to ensure that the child understands the caution and their rights and is able to make an informed decision as to how to exercise them. It is not the role of the independent person to determine how the child will respond to the caution or whether they will exercise their rights.

The independent person should not:

Arguably, the police have a responsibility to ensure that the independent person understands their role, including the need to ensure they are satisfied the child understands the caution and their rights, prior to the commencement of any interview. If the independent person does not understand their role, or the meaning of the caution and rights, they are not in a position to act in the role.

Note: The independent person's role relates only to children. The Independent Third Person's (ITP) role relates to children and adults with mental impairment, including intellectual disability, mental illness, acquired brain injury or dementia. For more information about the ITP, see: Chapter 3*1 Disability and Criminal Justice.