Footage circulating online appears to show police officers restraining a young boy, believed to be around five years old, during the arrest of a man in an open area. The clip has prompted a heated debate about how officers handle children who are present when a parent or relative is detained.
In the video, officers can be seen using pepper spray on a man lying on the ground. One officer then takes hold of the boy, holding his arms behind his back before placing him inside a police vehicle. The boy’s mother, who is carrying a baby, attempts to reach him during the incident but is pushed away by officers.
The clip was shared from an account that focuses on videos involving the Irish Traveller community, and reaction online has been sharply divided. Many viewers described the scene as distressing for a child of that age, while others said the boy had caused damage to a police vehicle prior to the footage being filmed.
As of now, no police force has issued a statement confirming the location, date or circumstances of the arrest. The incident has emerged against a backdrop of ongoing tension between police forces and Traveller communities in parts of the UK.
Under UK law, a child of five could not have been “arrested” in the criminal sense. In England, Wales and Northern Ireland, the age of criminal responsibility is ten, while in Scotland it is twelve, having been raised from eight in 2019. Children below these ages cannot be arrested, charged or convicted of any offence. This is enshrined in legislation including Section 50 of the Children and Young Persons Act 1933, which applies in England and Wales.
Because a five-year-old has no criminal capacity, any action taken by officers towards the boy in the footage would not constitute a criminal arrest. Instead, police have separate duties to safeguard children under the Children Act 1989. Where a young child is present during the arrest of a parent, particularly in a chaotic or potentially unsafe situation, officers can temporarily detain or move the child for their immediate safety. This is generally treated as a safeguarding measure rather than a criminal detention, and may involve placing the child briefly in a police vehicle while arrangements are made for them to be cared for by another parent, a relative or social services.
Guidance from the College of Policing sets out best practice in such situations, including minimising distress to the child where possible, communicating with them in an age-appropriate way, and avoiding unnecessary force. The guidance also states that handing the child to a responsible caregiver should be prioritised, and that police vehicles or stations should only be used as a last resort, and only for short periods.
Physical restraint of a very young child, such as holding their arms, would typically only be considered if the child were in immediate danger, behaving in a way that risked harm to themselves or others, or interfering with the arrest itself — a scenario some commentators have pointed to in relation to claims that the boy damaged a police vehicle. However, any such restraint must be proportionate and necessary. Excessive force could potentially be challenged under the Human Rights Act and the European Convention on Human Rights, specifically Article 3, which prohibits inhuman or degrading treatment, and Article 8, which protects the right to family life.
Further protections apply to children in police contact. Those under ten cannot be taken into criminal custody or interviewed as suspects, and while the Police and Criminal Evidence Act’s Code C sets out strict rules on the treatment of detained individuals, these provisions are primarily designed for those aged ten to seventeen who can be lawfully arrested. Police are required to notify parents or guardians and involve an appropriate adult or social services without delay, and overnight detention in cells is strongly discouraged for children, particularly those of a very young age.
Some critics have pointed to England and Wales having one of the lowest ages of criminal responsibility in Europe, arguing that this, combined with scenes such as those shown in the video, underlines the case for reform. Under current law, however, police retain the latitude to intervene protectively where young children are involved in fast-moving situations. Without further details from the police force involved, the full circumstances surrounding the video — including what took place before the footage began — remain unclear.
