However, this record does not form a part of your criminal history and it may not be taken into account by an adult court. You cannot get into trouble or be seen as uncooperative for not answering questions. 1. View - NSW legislation a police officer should also tell you his/ her name and place of duty. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. to silence during police questioning and required a new police caution. Family cross examination of parties scheme, Being a guardian for a child or young person - Facts for carers. You have the right to: see a written notice telling you about your rights, eg regular breaks for food and to use the toilet (you . document.write(unescape("%3Cscript src='../_js/jquery.min.js' type='text/javascript'%3E%3C/script%3E")); Do you need legal help and support with domestic violence? 0000003829 00000 n Police interviews - Legal Aid NSW It is likely that you will have to pay for a private lawyer to attend the police station. Cautions are basically warnings from police not to repeat the conduct. The law says the Police cannot conduct an interview without that support person being present. For this reason your lawyer may suggest that it is in your best interests that they do not attend the police station while you are detained there. Normally they should do this at a police station, but they can do it elsewhere if the circumstances are serious and urgent. You will also use it at the start of the interview to explain that if they don't use a defence, then it will reflect badly on them in court. Asking for a review - lawaccess.nsw.gov.au There are two cautions you will need to understand and you will read these to your suspect when it is appropriate to do so. The caution is given by a senior police officer or, sometimes, a respected member of the community, such as an Aboriginal elder. For the statement of rights read before an arrest, see, A police caution administered to a suspect upon arrest or prior to questioning them about their involvement in a suspected offence may be phrased as: "You do not have to say anything but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. (www.legalanswers.sl.nsw.gov.au) and in local public libraries across New South Wales. If Im not under arrest can I be searched? If the police have sufficient evidence and you refuse the caution, they will likely charge you with the offence and you will be required to attend court to make a plea. /Parent 9 0 R The Home Office has released guidance to the police and prosecutors on the use of the simple caution. However, this record does not form a part of your criminal history and it may not be taken into account by an adult court. explains the individual concerned that this is their last chance to give a defence to the police. This is usually called a 'Community Resolution' (CR) and requires less police time as offenders are not arrested or prosecuted as such. This work may be reproduced and distributed for most purposes, however some restrictions apply. !function(d,s,id){var js,fjs=d.getElementsByTagName(s)[0];if(!d.getElementById(id)){js=d.createElement(s);js.id=id;js.src="//platform.twitter.com/widgets.js";fjs.parentNode.insertBefore(js,fjs);}}(document,"script","twitter-wjs"); Home The wording of a Police caution is: "You do not have to say anything but it may harm your defence if you do not mention something when questioned that you later rely on in court. The effect of the special caution is that if you then fail or refuse to tell police a fact that is later relied on in your defence in court, it may permit the court to use your silence against you. This piece in the Conversation on Friday makes it clear how devilishly complex removing the right to silence can be. 0000007416 00000 n Being questioned | Your rights, crime and the law - Queensland The role of a support person is to speak out for your rights and to make sure you understand what is going on and that you are treated fairly by the police. These are also offences, but the police may just give you a caution, at least the first time. Previously this option only existed for young offenders (see Formal Police Cautions and Informal Police Cautions ). 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. A caution is a formal notice given when you admit to an offence. How specific will they have to be? More information is available in the below section on questioning. See section 31 of the. Section 8 sets out offences covered by this Act. We acknowledge the traditional owners of this land and pay respect to Elders, past, present and emerging. If you already have a caution and are accused of another offence, it is unlikely you will be offered another unless the offences are minor and unrelated to each other. It is an offence not to comply with the direction. A CR has specific criteria that must be fulfilled before it can be utilized as a disposal method for an offence. Now caution also used when charging suspects for an offence. Cautions are typically administered in the case of an offence that is triable summarily or either-way. When the police give you a move-on direction if your identity is unknown to the police. :a N|k/$EGw_h CF7 x#XB_?^{Dnf01*6_#)5$l&~_i6jVV8UZ if (typeof jQuery == 'undefined') Do you need support for your family law problem? Easy read version of the caution This document provides the Caution and Summary of Part 9 Law Enforcement (Powers & Responsibilities) Act 2002 in plain English You can read this document online in two ways - fullscreen mode or using the Scribd document viewer below. It is an offence to resist arrest. What does not accepting a caution mean for you? Tips For Contesting a Fine in NSW: Traffic Offences - Lawpath And politicians don't like it. A police officer may detain you if you are intoxicated (seriously affected by alcohol or drugs) in a public place and found to be: behaving in a manner likely to cause injury to yourself or another person or damage to property or. During periods when police are given special public disorder powers they may search you or your car if you or it are on a target road or area. Then her family intervened, 4.1m crocodile one of two killed in search for missing publican, Looking back on 100 years of Vegemite and the remarkable tale of its creator, Tasmanian mental health beds to go as St Helen's Private Hospital in Hobart set to close. You cannot be refused bail simply for refusing to be interviewed. Once again, it is your right not to say anything about photographs or footage that the police show you, even if they ask you a direct question. Chris Berg is a research fellow with the Institute of Public Affairs. If you were involved in a traffic accident you have to give your name and address to the other driver involved. 0 If Police show you a photo of yourself and ask if it is you, you may think it's so obvious that there is no point refusing to answer. But, it may harm your defence if you do not mention when questioned something which you later rely on in court. For free and confidential legal advice about this topic, please contact us, You can receive a caution for any of the crimes covered by the. 0000014777 00000 n PDF Caution Guidelines under the Fines Act 1996 - justice.nsw.gov.au If you are under 18, you can call the Legal Aid Youth Hotline 1800 10 18 10. The second part is the right not to have that silence used against you at trial. [17], Concerns have been expressed over the use of community resolution for violent offences, in particular domestic violence. But much of this misses the point. 1, Saving and Transitional Provisions) Order 2015", "The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Either-Way Offences) Order 2015", "The Criminal Justice and Courts Act 2015 (Simple Cautions) (Specification of Police Ranks) Order 2015", "Guidance - Ministry of Justice - Simple Caution for Adult Offenders - 8 April 2013", "What is the Rehabilitation of Offenders Act 1974? These acts set out the circumstances when police can exercise their powers and the responsibilities they have in exercising their powers. Upon arrest, the peace officer should inform the accused of their right to silence and right against self-crimination protected under section 7 and section 11 (c) of the Charter. The NSW changes are based on a similar reform in the United Kingdom back in 1994. They must provide you with as much privacy as possible. First, read it very carefully and identify what sort of request you have received. Getting arrested, what to do? - NSW Police Caution and summary %%EOF Before questioning you, they must also tell you that any statements you make might be used as evidence against . below to change your location. However, there is a limit of. Caution Guidelines and Internal Review Guidelines under the Fines Act 1996. Legal Aid lawyers do not attend police stations to advise arrested people and they do not provide telephone advice (except to people under 18 on the Youth Hotline). If you do not wish to be interviewed, you should tell the Police that you do not wish to go into the interview room. 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. Police can only use a special caution if: you have had an opportunity to obtain legal advice from your lawyer and; you are given the special caution in the presence of your lawyer. } You have a right to contact a lawyer and a friend or family member. Youth Hotline if you are under 18 on 1800 10 18 10. A caution is like a warning: a person . Even if you are innocent, the police may arrest you if they have reasonable grounds to suspect that you have committed an offence. When the facts of a case are unclear, the accusation is unclear, the accused may be confused, intimidated, and off-balance, the new standard police caution becomes little more than bullying. 470 23 Conditional: These are the same as . 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. Legal information is available on the Find Legal Answers website. See below for details about the type of information police may require you to disclose. 0000007283 00000 n As far as is practicable, the search must be carried out by a police officer of the same gender as the person being searched. 1 0 obj No, but if you dont the police may ask witnesses to identify you by looking at photographs instead. You should speak to a lawyer before you speak to the police. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. 0000007049 00000 n They may also require you to provide proof of age (if you are under 18 they may take your alcohol). A police caution (since 2005 more properly known as a simple caution)[2] is a formal warning given by the police to anyone aged 10 years or over who has admitted that they are guilty of a minor crime. How are they supposed to know what they will later rely on in court? Understanding "when" and "now" caution - Police Community If any of these things are taken from you it is likely that you will be charged with. xb```b``y |l@mra`Gar2$OR IY. These special powers can also be authorised by the government for situations such as global forums or visits by overseas dignitaries. It becomes part of the evidence they have against you. Also, if the police take any photographs or fingerprints from you for a caution, they have to destroy these. You can read the legislation at: www.legislation.nsw.gov.au. The police must provide the name and place of duty of the officer performing the search. If police are trying to serve a fine default warrant. If you are detained as an intoxicated person the police may release you immediately into the care of a responsible person who is willing to take immediate care of you. If police suspect that an apprehended violence order has been made against you. A police officer can arrest a person without a warrant if they have reasonable grounds to suspect that person of being guilty of a crime and this arrest is only exercisable if there are reasonable grounds for believing an arrest is necessary. If you receive a caution, the police cant take any further action against you in relation to that offence. You can receive a caution for any of the crimes covered by the Young Offenders Act 1997 (NSW) but not for graffiti offences. /yb1 0 3 See NSW Parliamentary Library Research Service, March 1999, Briefing Paper No 4/99, The illicit drug problem: drug courts and other alternative approaches , at 7 (citing Australian Bureau of Criminal Intelligence . If the police cannot find such a responsible person, or you are behaving so violently that a responsible person may not be able to control you, the police may take you to an authorised place of detention (such as a police station or juvenile justice centre). /BleedBox [0 0 595.2756 841.8898] The O'Farrell Government's right to silence changes passed the NSW Parliament last Thursday. /xb1 0 All police stations can put you in touch with this service which is open 24 hours. Even federal politicians are desperate to get in on the action. If you are under 25 and have a question about cautions, please contact us here. var ga = document.createElement('script'); ga.type = 'text/javascript'; ga.async = true; Special provisions apply if the person being searched is aged between 10 and 17 years or intellectually impaired. /MediaBox [0 0 595.2760 841.8900] What was originally an unambiguous protection for people accused of a crime - if you are unsure of yourself or out of your depth, stay silent until you can fully consider your legal position - is now vague and imprecise and threatening. In the case of a strip search it should be, as far as practicable, in a private area, out of sight of people of the opposite gender to you and out of sight of other people not involved in the search. 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? It is commonly used to resolve cases where full prosecution is not seen as the most appropriate solution. If you choose fullscreen mode, you need to click the 'back' button of the browser to get back to this page. If it is practicable, the police must tell you their name and place of duty and the reason for the direction. Do you need support or legal help with your family law problem? You can still receive a caution even if you have received warnings before or if you have committed an offence before. The "now" caution is used when reporting people for offences and explains the individual concerned that this is their last chance to give a defence to the police. If you are under 14, the Police will ask your parents or guardian to attend, unless your parents agree that someone else can take the role. If you are 14 or older, you can choose who you want to call. /xb2 595.2756 A caution will also be taken into account if the crime you received a caution for is arson and you are seeking a job as a fire fighter. Being arrested: your rights: When you're arrested - GOV.UK The Commissioner of Police may delegate this function. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Julia Gillard told Western Sydney she wants to fight gangs. If a vehicle is suspected of being used for a serious offence, the owner, driver and passengers must provide their names and addresses (and those of each other) to the police. This is part of your right to silence. This page is not available in other languages. Do I have to submit to a search if I am arrested? The person giving the caution must take steps to make sure that the child understands the purpose, nature and effect of the caution. Emergency powers may be authorised by the Commissioner of Police if there is a large-scale public disorder, or threat of a large-scale public disorder in the near future. If you do not comply with the search you may be committing an offence. there must be evidence that the offender has committed an offence; the quality of the evidence must be sufficient to give a realistic prospect of conviction; the offender must have no previous convictions; a prosecution of the offence would not be in the public interest. 0000014546 00000 n 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. Do you need support or legal help with your family law problem? You are entitled to free legal advice Civil libertarianism doesn't swing elections. For example, if you are aware that Police are looking for you and you take yourself in to the station, this is often regarded as a good reason to consider granting you bail because it shows that you are likely to attend court. There cannot be any conditions or further penalties, but you can be asked to write an apology to the victim. If you dont have a lawyer you may wish to phone: LawAccess NSW between 9am-5pm Monday to Friday 1300 888 529. If you do you will be given a copy of the audio (sound) recording. [2], In 2008 a Home Office circular made clear suspects must receive a written explanation of the implications before accepting a caution, to meet the informed consent obligation, and provided a new form to be signed by the offender which explained in considerable detail the consequences.[2]. You may arrange for a lawyer or another person to be present during questioning. the victim agreeing to the CR being used, the offender accepting responsibility for it, only used on low level offences, not already on bail, etc. A police caution is a formal alternative to prosecution in minor cases, . /yb2 841.8898 It is conducted under the Police Caution; The Police Caution states: "You do not have to say anything. An Act to establish procedures for dealing with children who commit certain offences through the use of youth justice conferences, cautions and warnings instead of court proceedings; and for other purposes. 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. 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. So we get a lot of discussion about famous cases and High Court appeals and jury instructions. Even if you dont think that you are guilty of an offence or shouldnt be arrested it is wise to submit to the arrest. Analytical cookies are used to understand how visitors interact with the website. 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.
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