So, if you break the law after you turn 18, an adult court is not allowed to look at this information. going to the local police station and asking to see the duty officer or Local Area Commander, contacting the Ombudsmans office (toll free) 1800 451 524 or. The person giving the caution must take steps to make sure that the child understands the purpose, nature and effect of the caution and the caution may only be given if the child is accompanied by a parent, guardian or other responsible adult. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. If you were involved in a traffic accident you have to give your name and address to the other driver involved. They must provide you with as much privacy as possible. No. 0000003480 00000 n The cookies is used to store the user consent for the cookies in the category "Necessary". If you are under 18, the Police are required by law to make sure you get legal advice. This will appear on your court alternatives history and may be seen by the Childrens Court if it deals with you for further offences. View - NSW legislation Sometimes this is informally - they may just ask questions and write the answers in a notebook, which they then may ask you to sign. Police can pat you down, ask you to remove your outer clothing and shoes, look into your clothing and belongings and use an electronic metal detection device. If you do you will be given a copy of the audio (sound) recording. If your arrest relates to a serious offence you may be asked if you want to take part in an interview which will be recorded on both audio and video. Guidelines - NSW Department of Justice At every stage of the legal process you have a right to silence. [2], In 1959 the Street Offences Act made a provision for removing cautions from criminal records. /CropBox [0 0 595.2760 841.8900] the details of when and where the caution will be given; the persons who may be present when the caution is given; the name of the police officer who is the contact officer for the caution; the consequences of failing to attend the giving of the caution; the right to legal advice and where that advice can be obtained; and. >> And it is this right that has been comprehensively trounced by the changes. /yt1 0 %%EOF Graffiti offences cannot be dealt with by caution except by a courtsee section 18. The information is kept for police operational reasons and in the interest of prevention and detection of crime. In the case of certain serious offences, police can administer a special caution. When you are detained as an intoxicated person you must be allowed to contact a responsible person, be kept separately from people detained for the commission of offences, and be provided with food, drink, bedding and blankets. The caution is given by a senior police officer or, sometimes, a respected member of the community, such as an Aboriginal elder. The criminal law team from Paul Crowley & Co solicitors will provide you with free expert legal advice and accompany you to the interview so that you are aware of any consequences should you accept or refuse a caution. Legal information is available on the Find Legal Answers website. It doesn't matter where the Police question you - on the street, at your house, or while you are under arrest or in custody- you are legally entitled to stay silent and refuse to answer questions. You receive a caution instead of having any other criminal penalty. The law says the Police cannot conduct an interview without that support person being present. 0000003829 00000 n HW]oH|7paCLqMvrACFHEjI_P$mQ6$rX]]]=[yrj~dobJds%I |K8.~];O\qnnWc-u3aj}$0]9lWB'W?x>K RG,syJ?zkdSi(8B7I {[:tjv9a[Uv~*g+_/%;Y[hXnD5w8? They must ask for your permission first and conduct the viewing in a way that provides reasonable privacy as quickly as possible. Please select your state or territory to view legal information that applies to you. alcohol in a public place. a criminal offence. November 3, 2015 in Promotion & Training. These cookies ensure basic functionalities and security features of the website, anonymously. I'd imagine he/she is referring to a post charge interview caution. Requests for records - Legal Aid NSW You only have to tell a future employer about your caution if you are applying for certain jobs such as a teacher, police officer, a judge, a prison officer or to work with kids, and even then, you would only need to tell them about it if they ask you about cautions specifically or your criminal history in general. Are there any questions I do have to answer? The police only have to wait for two hours for your lawyer, or any other person you have called, to arrive at the police station. Legal Aid NSW does not provide lawyers for this purpose. Could granny flats be the answer to Australia's housing crisis. How specific will they have to be? Chris Berg is a research fellow with the Institute of Public Affairs. to offer a proportionate response to low-level offending where the offender has admitted the offence; to deliver swift, simple and effective justice that carries a deterrent effect; to record an individual's criminal conduct for possible reference in future criminal proceedings or in criminal record or other similar checks; to reduce the likelihood of re-offending; to increase the amount of time officers spend dealing with more serious crime and reduce the amount of time police officers spend completing paperwork and attending court, whilst simultaneously reducing the burden on the courts. Times youre required to provide your name and address. /MediaBox [0 0 595.2760 841.8900] endstream endobj 471 0 obj<>/Outlines 50 0 R/Metadata 61 0 R/PieceInfo<>>>/Pages 60 0 R/PageLayout/OneColumn/OCProperties<>/StructTreeRoot 63 0 R/Type/Catalog/LastModified(D:20100325100550)/PageLabels 58 0 R>> endobj 472 0 obj<>/PageElement<>>>/Name(HeaderFooter)/Type/OCG>> endobj 473 0 obj<>/ProcSet[/PDF/Text]/Properties<>/ExtGState<>>>/Type/Page>> endobj 474 0 obj[475 0 R] endobj 475 0 obj<>/A 486 0 R/H/I/StructParent 1/Border[0 0 0]/Type/Annot>> endobj 476 0 obj<> endobj 477 0 obj<> endobj 478 0 obj<> endobj 479 0 obj<> endobj 480 0 obj<> endobj 481 0 obj<> endobj 482 0 obj<>stream you cant be given a warning because of the type of offence or because a caution is not considered to be in the interests of justice. Anything you do say may be given in evidence.
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