seizing and detaining things including vehicles and mobile phones, prohibiting the sale or supply of alcohol. If they suspect that there are firearms that they have not been told about they can apply for a search warrant. Most of these powers are set out in legislation. 492 0 obj<>stream At every stage of the legal process you have a right to silence. If you are under 25 and have a question about cautions, please contact us here. It's easy! And politicians don't like it. 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. A voluntary police interview can seem very informal, however the interview will be recorded and can be used as evidence resulting in the commencement of criminal proceedings. They must provide you with as much privacy as possible. The police don't like it. As giving a caution was a way of bringing an offence to justice more easily than going to court, in some policing areas the number of cautions given increased to about 30% of all offences brought to justice. 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. If you are intoxicated (affected by alcohol or drugs) in a public place police may tell you to leave an area for up to six hours if the police believe on reasonable grounds that your behaviour: is likely to cause injury to any other person or persons or damage to property, or, otherwise gives rise to a risk to public safety, or. Police can give you directions if you are in a public place and they believe on reasonable grounds that you are: harassing or intimidating another person or persons, causing, or likely to cause, fear to another person or persons, unlawfully supplying, or intending to unlawfully supply, or soliciting another person or persons to unlawfully supply, any prohibited drug or. You also have to give that information and other details about the accident to the police. 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. Per the Rehabilitation of Offenders Act 1974, simple cautions, reprimands and final warnings become spent (meaning that they do not need to be disclosed, unless applying for particular types of work) immediately, and conditional cautions become spent after 3 months. You will use the "when" caution to explain that remaining silent will not interfere with the prosecution. For anyone accused of a crime in New South Wales, the previously unambiguous "right to silence" has suddenly become vague and threatening, writes Chris Berg. But confirming your identity to the Police in some situations can lead directly to a charge. The aims of the formal police caution[4][5] are: As a result of changes made by the Criminal Justice Act 2003, cautions can be administered in two forms: as a simple caution or as a conditional caution, the latter of which has specific conditions attached that the offender must satisfyattending a course aimed at targeting offending behaviour, for example. Doing an interview will not help you get bail. In 1962 Royal Commission on the Police noted concerns about the uneven enforcement of cautions. If full names and addresses are not known, you are required to give as much information about the persons identity as you know. 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 know a private lawyer you may contact that person and ask them to attend. You can receive a caution for any of the crimes covered by the Young Offenders Act 1997 (NSW)but not for graffiti offences. Previously this option only existed for young offenders (see Formal Police Cautions and Informal Police Cautions ). >> This includes taking things not mentioned in the warrant if they reasonably suspect that they are connected with an offence. That a legal protection is often used is no reason to get rid of it. The first sentence of the press release announcing the New South Wales Government's changes to the right to silence read: "The scales of justice will be tilted towards common sense.". You should be put through to the Legal Aid Youth Hotline, a free legal advice service for under 18's, to speak to a specialist Legal Aid children's solicitor. a police officer should also tell you his/ her name and place of duty. { They may also search any person at those premises. Do I have to submit to being fingerprinted or photographed? 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. You have a right to contact a lawyer and a friend or family member. 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 choose to do an interview, there are lots of laws and special rules about how they are have to be run. The caution is given by a senior police officer or, sometimes, a respected member of the community, such as an Aboriginal elder. | .YM%}W7 w+SGhGol4,b3 "Tn_ xjq+%zH(eQ%D`JN?JDJ:1>2vytx>,> Most serious analyses of the right to silence are done by legal academics. /xb2 595.2756 /yt2 841.8898 You can tell Police at any stage that you do not want to be interviewed. arranging and conducting an identification parade,resting, receiving refreshments or using toilet andother bathroom facilities,recovering from the effects of alcohol or drugs,applyinga detentionwarrantkeep you incustody forcrime scene warrant relating to the investigation,for more than 4 hours), search warrant or They can also ask you to shake your hair and open your mouth. If you choose fullscreen mode, you need to click the 'back' button of the browser to get back to this page. 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). You will use the "when" caution to explain that remaining silent will not interfere with the prosecution. It is being slowly written out of the legal canon. They must also tell you the. If you are unsure, you should wait until you have received legal advice before giving an interview. 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. These acts set out the circumstances when police can exercise their powers and the responsibilities they have in exercising their powers. anything which they reasonably suspect may be evidence of the commission of an offence. The caution police now give is: "You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. /Parent 9 0 R 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. 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. You do not have to be recorded saying anything. If the police dont give them back, you may have to ask for them when your case goes to court. The first is your right to say nothing when being questioned by the police. Tony Abbott wants to roll out CCTV surveillance. They must ask for your permission first and conduct the viewing in a way that provides reasonable privacy as quickly as possible. alcohol in a public place. 0000003752 00000 n Section 8 sets out offences covered by this Act. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. The different types of requests/demands are listed below: Subpoenas These are court-ordered demands. /TrimBox [0 0 595.2756 841.8898] a criminal offence. Police can only perform a strip search if they have reasonable grounds to suspect that it is necessary. New South Wales Consolidated Acts EVIDENCE ACT 1995 - SECT 139 139 Cautioning of persons (1) For the purposes of section 138 (1) (a), evidence of a statement made or an act done by a person during questioning is taken to have been obtained improperly if-- (a) the person was under arrest for an offence at the time, and In 1928 the Home Office published statistics on cautions, and by 1931 was giving advice on the wording of cautions. Julia Gillard told Western Sydney she wants to fight gangs. Police may obtain a search warrant to search your home or other premises. In order to conduct a lawful arrest, the two limbs of section 24 of the PACE act must be met. [2], In 1959 the Street Offences Act made a provision for removing cautions from criminal records. Cautions will only be offered to you where the offence is very minor or if you are a first-time offender. Understandably, they focus on how judges and courts understand the right. Emma Smith, Director, Paul Crowley & Co Solicitors. 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. and the caution may only be given if the child is accompanied by a parent, guardian or other responsible adult. 2 0 obj trailer If you do you will be given a copy of the audio (sound) recording. yQ"/Y! 0000001706 00000 n 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. You can still receive a caution even if you have received warnings before or if you have committed an offence before. Consult the legal experts, First-time buyers risk missing out on free cash bonus, Settlement Agreements Consult the legal experts, Bought a car on finance? 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. %%EOF Vi{ kY4c=r|)4 If you are Aboriginal and are taken to the police station you have a right to speak immediately to a lawyer from the Aboriginal Legal Services Custody Notification Service. Youth Hotline if you are under 18 on 1800 10 18 10. Chris Berg is a research fellow with the Institute of Public Affairs. Do you need legal help and support with domestic violence? ", Anti-Social Behaviour, Crime and Policing Act 2014, "Charles Saatchi case: what is a police caution? Association of Chief Police Officers (ACPO) guidelines set out how long this information will be retained for. If you do not remove your face covering without special justification you may be committing an offence. 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. But then again, there's probably loads of evidentiary rules and accountability requirements that some police think get in the way of speedy convictions. /yb1 0 If you think that the police have misused their powers you can make a complaint. November 3, 2015 in Promotion & Training. See Fact Sheets- 'Getting Legal Advice' and 'Legal Aid Services for Under 18's Children's Legal Service'.
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