Supporting a young person at the police station

Learning outcomes

By the end of this session, you should be able to Know your clients’ rights in relation to police contact Be able to support your clients in relation to police contact (with a particular emphasis on vulnerable young people). Be able to give basic support to your clients in court appearances

Situation

DRAFTCalled to help out at police stationYoung person Told your role is to sit and watch, not interfereYp looks intimidated, accused of break and enterAsked questions relating to drug use earlier in the dayUnwittingly helped him be tried for crime not committed

Police Powers in the ACT

https://www.youtube.com/watch?v=oEDKHoEd3MA to 2:40, then 4:31

Police Powers in the ACT

Police have the rights to•Ask you questions-You only need to give your name and address-You are not required to give any more details, but sometimes a simple answer can clear things up quickly-You cannot talk to them ‘off the record.’

Police Powers in the ACT

Police have the rights to•Ask you questions•Ask you to move on

– if they have reasonable beliefs that someone is involved, or likely to be involved, in violent conduct in that place

– They can direct a route and tell you not to return for up to 6 hours

– Security guards in shopping centres can ask you to move on also

Police Powers in the ACT

Police have the rights to•Ask you questions•Ask you to move on•Stop and search

– if they suspect on reasonable grounds that you possess a thing related to a serious crime, a thing stolen or unlawfully obtained

– If urgent, they may stop and detain you for a frisk of ‘ordinary search.’

– The magistrate decides if it was reasonable grounds

Police Powers in the ACT

Police have the rights to•Ask you questions•Ask you to move on•Stop and search •Arrest you if they have reasonable grounds to think you have, or are, committing an offence

– You should ask if you are under arrest- if not, you are not required to go (unless it is protective custody)

Police Powers in the ACT

Police have the rights to•Ask you questions•Ask you to move on•Stop and search •Arrest you if they have reasonable grounds to think you have, or are, committing an offence•enter premises

• when invited by the occupier re: crimes about a breach of the peace,

• if they suspect someone’s safety is in imminent danger, or

• to protect life or property. They can also enter in cases of

emergency to prevent the same.

• when invited by the occupier re: crimes about a breach of the peace,

• if they suspect someone’s safety is in imminent danger, or

• to protect life or property. They can also enter in cases of

emergency to prevent the same.

• Otherwise, the police need to have a warrant issued by a magistrate.

• Otherwise, the police need to have a warrant issued by a magistrate.

Arrest4:31 bag search (follow up with 6:22, then 9:01)

https://youtu.be/oEDKHoEd3MA?t=4m31s

Police Powers in the ACT

Arrest

Arrest6:22 support person (then 9:01)

https://youtu.be/oEDKHoEd3MA?t=6m20s

Supporting a young person at the police station

The NSW Legal Aid hotline number is 1800 10 18 10

• 9am to 12am weekdays • 24 hours on weekends • available to young people under 18 years of

age.

Supporting a young person at the police station

To speak to a lawyer while being interviewed by Police in the ACT, contact:•Youth Law Centre ACT

www.youthlawact.org.au 6173 5410•Legal Aid ACT

www.legalaidACT.org.au 1300 654 314

Supporting a young person at the police station

• Do the police need me to be there?

Supporting a young person at the police station

• So what is my role?

Supporting a young person at the police station

• What is the first thing I should do when I get to the police station?

Appearing in court

https://www.youtube.com/watch?v=4r1QKj0zxxI (6 minutes)

In courthttp://www.lawstuff.org.au/act_law/courtstuff

Useful tool for introducing people to the court

Learning outcomes

By now, you should be more able to Know your clients’ rights in relation to police contact Be able to support your clients in relation to police contact (with a particular emphasis on vulnerable young people). Be able to give basic support to your clients in court appearances