Young People and the Criminal Law
Free Court Representation Visiting Legal Service Youth Hotline Children’s Legal Service Community Legal Policy & Education Law Reform
Police Powers and Young People Law Enforcement (Powers & Responsibilities) Act (LEPRA)
Arrest Powers
Answering police questions
Diversionary Options under The Young Offenders Act NSW 1997 Warnings Cautions Youth Justice Conference
Children’s Court Jurisdiction
Doli Incapax
Process after arrest Diversionary option ( Young Offenders Act) Police investigation Plead Guilty Sentence Charged (sent to court) Plead Not Brief of Hearing Guilty evidence
Why do young people need a support person? Young people are vulnerable Statements made without a support person present may not be admissible in Court
Do young people have a right to legal advice? “The whole intention of the hotline is that young people would know that it is free, that it is available, and would be able to obtain advice then and there. Failure to make it available is a clear breach of the Act and regulations but, more importantly, in breach of the requirement of fairness to the young person.” Dowd, J. R v Cortez (unreported, Supreme Court of NSW, 2002)
What does the right to silence mean? • Don’t do an electronically recorded interview (ERISP) • Don’t make an electronic recording of refusal to do an ERISP • Don’t do a notebook statement • Don’t fill in and sign a NSW Police Juvenile Handwritten Statement form • Don’t do a handheld recorded statement • Don’t make any comments or actions in relation to photos/CCTV, police crime scenes or potential exhibits • Don’t adopt any prior admissions which were made without a support person • Don’t say anything about the offence (whether recorded or not) in the presence of the support person • Don’t make admissions to the support person
Exceptions to the right to silence? YP wants to get a caution or a conference Protected admissions Forms of demand
What are my duties as a support person? More than just an observer!
Who’s who at the police station? Officer in Charge (OIC) • In charge of investigating the offence(s) • Will know the police version of events and charge(s) being considered Custody Manager • In charge of looking after people being held in the cells • Will organise the call for legal advice • Must keep custody records • In charge of keeping track of how 4 hour investigation time • Will make the decision about whether YP gets bail Youth Liaison Officer (YLO) • Needs to be consulted if police are considering a YOA option
Where to get help? Legal Aid Youth Hotline 1800 10 18 10 Marrickville Legal Centre 02 9559 2899 LawAccess 1300 888 529
Useful resources Shopfront Youth Legal Centre www.theshopfront.org National Children’s and Youth Law Centre www.lawstuff.org.au NSW Ombudsman www.ombo.nsw.gov.au Legal Information Access Centre www.legalanswers.sl.nsw.gov.au LawAccess www.lawaccess.nsw.gov.au
Credits • http://www.flickr.com/photos/rhinoneal/5920210210/ • http://www.flickr.com/photos/aspinfinity/5901557343/ • http://shiftingpixel.com/2005/12/20/lit-hallway/ • http://shiftingpixel.com/2005/08/07/lights-1/ • http://burn-movie.com.au/ • http://www.flickr.com/photos/rudenoon/5449538976/ • http://www.flickr.com/photos/sidkid/472208305/ • http://www.flickr.com/photos/ashleighozment/2746196990/ • http://shiftingpixel.com/2007/10/02/the-lonely-tree/ • http://www.wallcoo.net/cartoon/abstract_blue_backgrounds_1920x1200/wallpapers/1920x1200/Abstrac t%20Blue%20backgrounds%2032.jpg • http://www.littlewarriorproject.org/wp-content/uploads/2012/09/Police-Motorcycle-Children-Toy1.jpeg • http://farm2.staticflickr.com/1258/5154361330_0e394b4fb1_z.jpg • http://i.chzbgr.com/completestore/2009/7/5/128912766248298706.jpg • http://rlv.zcache.com/ • SECTION 13 CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - A PRACTICAL APPROACH, Ange Cook, Forbes Chambers
Recommend
More recommend
