They can question you for up to 4 hours in that 8-hour period. Police Powers and Responsibilities Act 2000 (Qld) s 246; Police Administration Act (NT) s 142. With respect we strive to achieve justice and inclusion for Aboriginal and Torres Strait Islander peoples. A person cannot be arrested for the purpose of questioning, and unless a person has been arrested for an offence, they do not . Intimate and Non-Intimate Forensic Procedures (NT). The caution will generally not affect your ability to get a job in the future. (2) The caution must be given in, or translated into, a language in which the person is able to communicate with reasonable fluency but need not be given in writing unless the person cannot hear adequately. South Brisbane Qld 4101 The Right to Silence (Qld) - Go To Court The police may take no action for a first or minor offenceit's like an informal cautioning. All matters within the accuseds knowledge should be fully disclosed to the lawyer. Those discussions are subject to solicitor/client privilege and cannot be published by the lawyer to anyone else without the consent of the client. Aboriginal Legal Service if you are Aboriginal or a Torres Strait Islander (to find your local service, visit www.alsnswact.org.au) The police will be able to give you the correct telephone number. Mode of Arrest Open 7am - Midnight, 7 days. 0000000805 00000 n the presence of support people) are included in the PPR Act to regulate police questioning of indigenous people (s 420), children (s 421), people with impaired capacity (s 422) or intoxicated persons (s 423). Whether the victim of the crime believes that there should be a caution. This notice immediately requires the respondent to be of good behaviour towards the aggrieved and any named person, and to not commit domestic violence. This is to ensure that police comply with the law and that prosecution is not allowed to benefit from a failure by police to uphold the rights of an accused. Legislation that prescribes these circumstances includes the PPR Act and the PPR Regulation, the Drugs Misuse Act 1986 (Qld), the Liquor Act 1992 (Qld) and the Transport Operations (Road Use Management) Act 1995 (Qld). If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area. However, this is the US version of what we know as the police caution. Everything you need to know about police cautions Find out more about the inclusion of 17-year-old persons in the youth justice system and youth justice reforms. Types of Protection Orders - Queensland Law Handbook Online There are a number of different factors that police will take into account when deciding whether to give you a caution, or a more serious enforcement action. These are set out in the Victoria Police Manual and include: If the offence is shoplifting, it needs to be less than $100 of value and it must not involve stealing from more than one shop. It is important to be as accurate as possible when providing this information. 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BUT, even though a police caution is kept on file, police cautions do NOT give you a criminal record. If the police fail to caution a person before questioning them or if they do not give the caution in a way the person can understand, this can affect the admissibility of the evidence the person gives during the interview. With the commencement of the Youth Justice and Other Legislation (Inclusion of a 17-year-old Persons) Amendment Act 2016 (PDF, 331 KB)from 12 February 2018, young offenders aged 17 will now be dealt with in the youth justice system. The police cant force you to go to the police station without arresting you. You would have been given a written document and, in most circumstances, your parents would have been told. As we said, the formal caution will not come up in a criminal background check. The two most common types of police check in Queensland are the following: The Queensland Criminal History Check; and The National Criminal History Check. Legal Services Police will require the young offender to make a formal undertaking, for example: Paying compensation to the victim of the crime. If you commit an offence before you turn 18, but you aren't sentenced in court until after you turn 18, you will still be sentenced as a child up until the age of 19. b~UF/e1!m1~b!T= =8h\ hTX , the offender must give consent for the caution to be issued. When dealing with young people between the ages of 10 and 18, the police must behave differently in some circumstances. Copy Link. Friday 8am to Sunday 5pm (except for Good Friday 10 April, Easter Sunday 12 April and Christmas 25 December) . Formal cautions typically result in an internal police record of the offence by the young person, as well as a record of the administration of the caution (Wundersitz 1997). If you need a police check after this period, you will need to apply for a new one. A police caution does not get wiped when you turn 18. A police officer gives you a complaint and summons. Prior to 1998, the police in Queensland could only deal with an alleged drug offender by either arresting and charging the person or by issuing a complaint and summons. In Queensland, it is codified in Section 397 of the Police Powers and Responsibility Act (PPRA), which states that a persons right to refuse to answer questions is protected, unless they are required under legislation to answer the questions. r>kz\RHP:kSSz_N=,o|!5:.0nhw%kw"c{r\ 50p>5/\c!Bp 3B0"%X=2-?\~u}~.}wOoW}ww_\s:|Mw3.~uO?]~x It makes sense for cautions to be issued in some circumstances, especially if a person is driven to break the law because of their own dire situations. The prosecutor (who might be a police officer or a lawyer) is responsible for proving that you knew, or should have known what you were doing was wrong at the time the offence was committed. The availability of this option is restricted to minor offences only and must be appropriate to the offence. Politely assert a desire to obtain legal advice before any discussions with police commence. The caution is given by a senior police officer or, sometimes, a respected member of the community, such as an Aboriginal elder. Being questioned | Your rights, crime and the law - Queensland If you have to go to court it is a good idea to talk to a lawyer before you go. These situations are limited and clearly set out in legislation. The supply of a persons name and address is an exception to the general right to remain silent, and failure to provide these details is an offence in certain circumstances. Particularly in relation to serious offences, these decisions should only be made following a considered and informed discussion with an experienced lawyer. If you don't have a lawyer you may wish to phone: LawAccess NSW between 9am-5pm Monday to Friday 1300 888 529. She also practised in family law after moving to Brisbane in 2016. YFS Legal has legal information, advice and representation in criminal law mattersto young people aged 25 years or younger. You should get legal advice before applying for bail. Its also recognised that youth and inexperience sometimes result in bad choices being made and crimes being committed. 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At a formal interview, the police ask questions and record your answers. Our specialist estates lawyers can help you through this difficult time whatever the nature of your involvement in the estate. What do police say when they arrest you? - Higgs Newton Kenyon Solicitors Use of a caution avoids the need to charge a person and initiate a prosecution, which is the route to a conviction. The basis of the right to silence is the principle that the burden of proving an accused's guilt . Kids Helpline is a 24 hour free and confidential telephone, online and email counselling service for children aged 5 to 18 years. Call our lawyers now or, have our lawyers call you. You have the right to remain silent, whether you have been stopped in the street, have agreed to go to the police station or are under arrest. In the event of any inconsistency between these guidelines and the Fines Act 1996, the Fines Act 1996 prevails. A caution is more likely to be used for minor offences. For general enquiries, feedback, complaints and compliments. If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Go To Court Lawyers. The opportunity to obtain legal advice only arises if the person requests it. A simple . If you admit that you've committed the offence, the police can decide to: In deciding what to do, the police must consider: Get legal advice before admitting that you're guilty of an offence.