Advocate Ofir Sternberg

Interrogation and Detention

Police Interrogation of a Minor: Special Rights and Procedural Rules

Questioning a minor requires attention to age, comprehension, and the possible effect on daily life. Israeli juvenile law establishes special safeguards in addition to the general rules governing interrogation and detention.

Juvenile investigator and notice to a parent

As a rule, a minor suspected of an offense is questioned by a juvenile investigator. The law addresses notice to a parent or other relative, with limited exceptions where notice may harm the investigation or the minor's welfare.

Presence of a parent or relative

In the circumstances prescribed by law, a minor may consult with and be accompanied by a parent or relative. If presence is refused or ended, the request and grounds should be documented.

Interrogation hours

Israeli law restricts nighttime questioning of minors and permits exceptions only in defined circumstances. Age, time, urgency, and the stated basis for an exception require careful review.

Detention as a last resort

Juvenile proceedings place particular weight on minimizing harm and evaluating alternatives. Age, family and educational frameworks, background, and workable supervision are material.

Counsel in the interrogation room: a future change

A law published on July 29, 2026 creates, as a temporary provision and subject to exceptions, a right to counsel's presence during certain interrogations of minors and persons with disabilities. It is scheduled to take effect one year after publication; as of August 2026 it must be distinguished from the existing consultation right.

Practical point

In a juvenile interrogation, a seemingly technical defect may affect comprehension and the quality of the account. Review age, hours, parental presence, consultation, and recording immediately.

Principal legal sources

Youth (Trial, Punishment and Modes of Treatment) Law, 5731-1971; the 2026 temporary legislation on counsel's presence; and Criminal Procedure (Interrogation of Suspects) Law, 5762-2002.

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