Young People and the Criminal Law Free Court Representation - - PowerPoint PPT Presentation

Young People and the Criminal Law

Children’s Legal Service

Youth Hotline Free Court Representation Visiting Legal Service Community Legal Education Policy & 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

Police investigation Diversionary

• ption

(Young Offenders Act)

Charged (sent to court) Plead Guilty Sentence Plead Not Guilty Brief of evidence Hearing

Process after arrest

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

• f 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

National Children’s and Youth Law Centre www.lawstuff.org.au NSW Ombudsman www.ombo.nsw.gov.au LawAccess www.lawaccess.nsw.gov.au Legal Information Access Centre www.legalanswers.sl.nsw.gov.au Shopfront Youth Legal Centre www.theshopfront.org

Credits

• http://www.flickr.com/photos/rhinoneal/5920210210/
• http://www.flickr.com/photos/aspinfinity/5901557343/
• http://shiftingpixel.com/2005/12/20/lit-hallway/
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• 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