under 17?

Kate Roach looks at questions of confidentiality and the way the legal system is applied if you're 'under age'

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'It's important for everyone to know their rights, whatever your age. That way you know whether you're being treated fairly and justly.'

Greg Poulter, former deputy director of Release

Illegal drugs are illegal however old you are. For a general guide to the rather complicated legal system in the UK, and to your rights if you fall foul of it, see law and rights.

However, there are special issues that affect young people.

confidentiality

For example, you may be worried that if you try to get help or advice about drugs, your parents, carers or school will be informed. But most organisations offering advice, such as those listed in help and info at the bottom of this page, will treat anything you say as confidential. You can ask them about their policy on this when you get in touch with them.

If you need medical advice or treatment, your family doctor (general practitioner or GP) might be able to help you in confidence, but you should be aware of the constraints that they are under.

The crucial age as far as medical treatment is concerned is 16. Once you are 16 you are legally allowed to consent to your own treatment. If you are under 16 and you want to get medical treatment without the consent of your parents or carers, a doctor has to be certain that you understand the treatment and its consequences and, in the case of a prescription for a drug, that you will use the drug properly, without harming yourself or others. If your doctor isn't sure of this, they will want to talk to your parents or carers. They shouldn't do this unless you agree, but if you don't agree it may mean that they won't treat you.

For example, 14-year-old Julia had been using heroin for six months and wanted help to break the habit. Julia's parents didn't know that she was using, and she didn't want them to know. She was finding it increasingly difficult to get enough money to buy the drug, and when she didn't have any she felt unwell.

Julia went to her family doctor for help. Dr Ann Lewis remembers the visit.

'Julia came to me asking for methadone, the drug that we give to heroin addicts who want to stop using street drugs,' she says. 'Whilst I wanted to help Julia, I felt very uneasy about letting her have some without the consent of her parents. Methadone is a very strong and potentially lethal drug if it isn't used correctly. If she'd taken too much, or given some to a friend, someone could have died and it would be my fault. I could end up in court facing a manslaughter charge.'

Julia wouldn't agree that her parents could be told about her treatment, so Dr Lewis felt that she couldn't help her.

A second point to remember about seeking help from a family doctor is that doctors keep careful notes about your medical history. Your medical records can only be shown to such people as employers or insurance companies with your consent, but references to the use of illegal drugs (or even alcohol) might affect an application for a job or for insurance later on.

So a better option might be to get medical help from an 'anonymous' service. NHS Direct provides medical advice over the phone. If you need to see a doctor in person, you could attend a service run by a Community Drugs Team (CDT). CDTs provide a totally free service offering support, medical help and drop-in centres for users. These services are available in most parts of the country: you can get the address and telephone number of your local service from the get help directory on this website or from one of the helplines listed in help and info at the end of this page.

But bear in mind that doctors in these services face the same confidentiality problem as GPs: they may be unwilling to treat you if your parents or carers don't know about it.

the law

Using illegal drugs involves risks, one of which is getting busted. There's a general guide to the drugs laws and your rights if you're questioned or arrested in law and rights in this section.

One important thing to remember is to be polite – being rude or mouthing off to the police will only make the situation worse.

But perhaps the most important thing to bear in mind is that, whatever your age, you have a right to proper legal advice. Most young people don't have their own solicitor, but you can ask to see the independent 'duty solicitor'. The police will arrange this for you. The service is free and it's probably wise to wait until you have seen a solicitor before you say anything to the police about what has happened.

The crucial age as far as the legal system is concerned is 17. If you're under 17 and you're caught with illegal drugs:

• the police should not interview you or charge you unless another adult (of your choice) is present.
• if they're aware that you're under 17, they have a duty to inform your parents or carers.

In general it's hard to generalise about what will happen if you're caught with drugs, because it depends on the circumstances, the type of drug, the amount you're caught with, and the attitude of the local police and courts. On a first offence, if you're caught in possession of a small amount of any illegal drug, you might well just get a youth caution (it's worth noting that your being under 17 is one of the reasons justifying arrest for possession of cannabis, according to guidelines given to police). If you are given a youth caution, you won't have to attend court. On a second offence you probably would have to attend court, and you would be likely to be fined. Even an official caution would mean you have a criminal record, which could affect employment or travel abroad (for example to the US) later on.

help and info

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organisations

Most organisations will treat anything you say as confidential. You can ask them about their policy on this when you get in touch with them.

Addaction
67-69 Cowcross Street
London EC1M 6PU
Tel: 020 7251 5860
E-mail: info@addaction.org.uk
Website: www.addaction.org.uk
Addaction runs community-based and prison-based projects for the treatment of drug and alcohol problems, and provides specialist services for the treatment of young people.

Children's Legal Centre
University of Essex
Wivenhoe Park
Colchester CO4 3SQ
Advice line: 0845 345 4345 (Mon-Fri 9.30am-5pm)
Tel: 01206 872 466 (Mon-Fri 9.30am-5pm)
E-mail: clc@essex.ac.uk
Website: www.childrenslegalcentre.com
Confidential legal advice and information service covering all aspects of law and policy affecting children and young people. The service is open to children, young people and anyone with concerns about them.

FRANK
Helpline: 0800 77 66 00 (Every day 24 hours)
Textphone: 0800 917 8765
E-mail: frank@talktofrank.com
Website: www.talktofrank.com
Provides free confidential drugs information and advice 24 hours a day. All calls are confidential. Use the website's search facility to get the contact details of organisations offering practical help and support in your area.

Release
388 Old Street
London EC1V 9LT
Legal Helpline: 0845 4500 215 (Mon-Fri 10am-5.30pm)
Heroin Helpline: 0845 4500 215 (Mon-Fri 10am-5.30pm)
E-mail: ask@release.org.uk
Website: www.release.org.uk
Offers confidential and professional legal, health and welfare advice for those who come into contact with drugs. Can refer you to local drug agencies and specialist lawyers. The website features drug facts, information on the law, and advice for dealing with the police.

RE-SOLV (The Society for the Prevention of Solvent and Volatile Substance Abuse)
30A High Street
Stone ST15 8AW
Helpline: 0808 800 2345 (Mon-Fri 9am-5pm)
E-mail: youth@re-solv.org
Website: www.sniffing.org.uk
Aims to contribute to a happier, healthier, safer social environment by preventing death, suffering and crime that may result from solvent and volatile substance abuse. The helpline offers confidential information and support for young people and parents. The website has a range of factsheets and resources.

Youth Access
1-2 Taylors Yard
67 Alderbrook Road
London SW12 8AD
Helpline: 020 8772 9900 (Mon-Fri 9am-1pm, 2-5pm)
E-mail: admin@youthaccess.org.uk
Website: www.youthaccess.org.uk
A national membership organisation for youth information, advice and counselling agencies. Provide details of and referrals to local youth agencies and counselling services for young people aged between 14 and 25, but do not offer direct advice.

websites

Community Legal Service
www.justask.org.uk
Run by the Legal Services Commission (which has replaced the Legal Aid Board). Contains legal information and advice, and has a search facility for details of solicitors and advice agencies in England and Wales.

Youth Information – Getting Legal Help
www.youthinformation.com/infopage.asp?snID=259
Describes the options available for young people needing assistance with legal matters.

The Law Centres Federation
www.lawcentres.org.uk
Law Centres provide a free and independent professional legal service. Areas of work vary but may include juvenile crime and children's rights. Website has a search facility for local Law Centres throughout the UK.

National Association of Citizens Advice Bureaux (NACAB)
www.nacab.org.uk
CABs offer free, confidential and independent advice on issues including legal matters, benefits, housing, employment, and immigration. Website contains information about NACAB, social policies, and details of local CABs throughout the UK.

(revised June 2004, resources updated June 2005)