Key Takeaways
- Young people aged 10 to 17 are subject to the same laws as adults but are afforded additional protections to ensure fair treatment.
- Individuals under 10 cannot be charged with a criminal offence; those aged 10 to 17 can face criminal charges and go through the juvenile justice system.
- Police may request identification, and individuals have rights regarding searches, which can only occur with reasonable suspicion.
- Young people in custody have the right to contact a lawyer and must have a guardian or independent representative present during questioning.
- Various legal resources and support services, like Victoria Legal Aid and community legal centres, are available to help young people understand their rights.
Understanding the rights of young people when interacting with the police is essential. While individuals aged 10 to 17 are subject to the same laws as adults, they are afforded additional protection to ensure fair treatment. This guide outlines key legal rights and obligations, helping young people navigate encounters with law enforcement.
Legal Responsibilities and Age Considerations
Minimum Age for Criminal Responsibility
Children under 10 years old cannot be charged with a criminal offence. However, they may be referred to the Child Protection Service if necessary. Individuals aged 10 to 17 can face criminal charges and go through the juvenile justice system.
Young People’s Rights When Approached by Police
Providing Identification Details
It is a criminal offence to refuse to provide a name and address or to provide false information in certain situations. Police may request these details if they suspect an offence has been or will be committed.
Police can also request a name and address in specific locations, including:
- Licensed venues (such as pubs or clubs)
- Hotels and other accommodations
- Public transport when approached by transit officers
Understanding Police Search Powers
When and Why Police Can Search Young People
If an individual is not under arrest, police can only conduct a search in public places if there is reasonable suspicion that they are carrying:
- Illegal drugs
- Firearms or other prohibited weapons
- Graffiti tools
School officials, such as a principal or assistant principal, also have the authority to search students for illegal weapons. Police must explain the reason for the search, and individuals have the right to request a written record of the search.
Police Searches for Alcohol
Although police cannot search minors specifically for alcohol, they can confiscate it if an underage individual is found in possession of it in a public place.
Police Searches for Inhalants and Volatile Substances
If police suspect a minor is in possession of volatile substances for inhalation (e.g., spray paint, glue), they can conduct a search. While chroming is not a criminal offence, police can intervene and take the young person to a safe location if self-harm is suspected.
Police Searches for Graffiti-Related Offences
Police can conduct searches on individuals over 14 years old if they suspect them of possessing graffiti tools and:
- Being on or near public transport property
- Trespassing
Police must provide their name, rank, and station before conducting any search, and young people have the right to request this information.
Police Requests to Attend a Station
Young people cannot be required to go to a police station unless they are under arrest or in special circumstances, such as:
- Being a driver undergoing a breath or drug test
- Being involved in a family violence investigation
- Police suspecting a mental health crisis requiring intervention
It is recommended that young people ask for the reason police want them to attend a station and seek legal advice if needed.
Legal Rights When in Custody
Access to Phone Calls
If arrested or taken into custody, police must allow contact with:
- A lawyer from a private space
- A parent, guardian, or relative, except when:
- Another suspect could evade capture
- Evidence may be destroyed or altered
- Other individuals may be endangered
Being Questioned by Police
Young people should not answer questions beyond providing their name and address until they have spoken to a lawyer. If under 18, formal questioning cannot proceed without a parent, guardian, or an independent representative present.
An independent person ensures fairness but does not provide legal advice. If police question a young person without an independent person, any statements made may be inadmissible in court.
Fingerprinting and Identification Procedures
Rules for Fingerprinting by Age
- Under 10 – Fingerprinting is not permitted.
- 10 to 14 – Consent from both the individual and their guardian is required, or police must obtain a court order.
- 15 to 17 – An independent person must be present during fingerprinting.
- 18 and over – Police can take fingerprints without consent for most offences.
If fingerprints are taken, they must be destroyed within:
- Seven months if no charges are laid within six months
- Upon turning 26, provided no further offences occur (except for serious crimes like assault or murder)
Forensic and DNA Evidence Collection
Police may collect forensic samples, including DNA, under strict conditions:
- Under 10 – No samples can be taken.
- 10 to 15 – A court order is required for DNA collection.
- 15 to 18 – Police can authorise non-intimate samples if they suspect involvement in a serious offence.
Legal advice should be obtained before consenting to provide a sample. Samples must be destroyed within 12 months if no charges are filed or upon turning 26 if no further offences are committed.
Photographic Identification and Lineups
Police may take photographs of young people in custody or on bail for identification purposes. Outside these cases, individuals can refuse unless a court order is issued. Participation in an identification parade is voluntary, and legal advice is recommended before agreeing to take part.
Terrorism Laws and Their Impact on Young People
Australian counter-terrorism laws grant police broader powers to detain individuals, including minors. Due to the complexity of these laws, anyone facing terrorism-related allegations should seek immediate legal counsel.
Filing a Complaint Against Police
Young people who believe police have acted unlawfully or improperly can file a complaint with:
- Police Conduct Unit – Complaints can be submitted directly to the Police Conduct Unit. Alternatively, complaints can be made to the officer-in-charge at the relevant police station.
- Independent Broad-Based Anti-Corruption Commission (IBAC) – IBAC investigates serious allegations of police misconduct and corruption. If the complaint is not deemed serious, IBAC may refer it back to the Police Conduct Unit. Complaints can be made anonymously.
- Commonwealth Ombudsman – For complaints concerning the Australian Federal Police.
Legal advice is recommended before lodging a complaint, especially if criminal charges are involved.
Key Legislation
- Crimes Act 1958: Establishes major criminal offences, including serious offences applicable to young people.
- Summary Offences Act 1966: Covers minor offences such as public disturbances and disorderly conduct, which may involve young people.
- Children, Youth and Families Act 2005: Outlines legal processes and protections for minors in the justice system.
- Justice Legislation Amendment (Police and Other Matters) Act 2019: Introduces various amendments to police powers, including search and arrest procedures relevant to young people.
Resources and Support
- Victoria Legal Aid: Provides free legal advice and assistance to young people dealing with police interactions.
- Community Legal Centres (CLCs): Provide support for young people and their families in understanding their rights. To find a local centre, visit the Federation of Community Legal Centres website.
- Victorian Aboriginal Legal Service (VALS): Provides legal assistance to Aboriginal and Torres Strait Islander people.
- Law Institute of Victoria: Helps individuals find private lawyers. Law firms participating in the service offer a free 30-minute consultation.
- Office of the Public Advocate: For individuals with cognitive disabilities, the Office of the Public Advocate can provide an Independent Third Person to be present during police interviews.
- Youthlaw: Provides information for young people regarding police powers and individual rights, including searches, arrests, and legal procedures.
- Fitzroy Legal Service’s Law Handbook: Provides comprehensive information on legal topics, including arrest procedures and police powers.
Conclusion
Interacting with the police can be a complex experience for young people. Understanding legal rights and available protections is crucial in ensuring fair treatment and preventing unlawful actions. Having access to legal resources and support services can make a significant difference in navigating police encounters confidently.
Pentana Stanton Lawyers is committed to protecting your rights and ensuring fair treatment under the law. Our experienced legal team provides expert advice and representation, helping you navigate complex legal situations with confidence.
Contact us today for professional legal support tailored to your needs.
