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Young people & legal issues

Strategies and Resources

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Police questioning on the street or at the police station

Victims of crime

Violence in a relationship

Going to Court

Discrimination in- shopping centres, public transport, police

Consumer: mobile phone contracts

Unpaid fines

Victim compensation, personal injuries (suing someone)

Employment law

Centrelink issues

Child protection case planning

Police complaints

Ticketing inspector complaints

School suspension, expulsion and discipline

Young People & legal issues

Criminal Law Family Law Civil Law Administrative law

Parents splitting up

Wanting to leave home

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RESOURCES: books , fact sheets, booklets, cards Youthlaw: www.youthlaw.asn.au, (03) 9611 2412 Lawstuff: www.lawstuff.org.au

Online law handbook by Fitzroy Legal Service http://www.lawhandbook.org.au/

download or order VLA booklets like “Am I Old Enough?”, “Your Rights: Police powers in Victoria”, “Your day in court”. http://www.legalaid.vic.gov.au/publications.htm

Cards: e.g. Knowing my rights. Treatment by police and Young people and Police – Rights and Responsibilities (Wyndham Legal Service)

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Legal Services available to assist

Victoria Legal Aid www.legalaid.vic.gov.au

Local Community Legal Centres www.communitylaw.org.au

Specialist Community Legal Centres, including Youthlaw www.youthlaw.asn.au

Private lawyers/ practitioners: find a lawyer via the Law Institute of Victoria, http://www.liv.asn.au/directory/

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How Victoria Legal Aid can help

Advice at VLA offices across Victoria http://www.legalaid.vic.gov.au/298.htm

VLA Legal Information Service free general information over the phone about the law & how

they can help. Open Monday to Friday, 8.45 am to 5.15 pm, (03) 9269 0120

or 1800 677 402 (country callers). They give legal information in different languages You can speak to someone in English or ask for an interpreter. May refer to appropriate VLA Service (Youth Legal Service,

Human Rights and Civil Service, Family and Criminal Law Service) or CLC, or private lawyer

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VLA - Duty lawyers at Court Criminal matters in magistrates and

children’s courts, legal support often provided by VLA duty lawyers based at court.

Most courts have a duty lawyers, and you can ring relevant courthouse or local VLA office for details.

If preparation is necessary the matter may be adjourned and client probably be given an appointment with a Legal Aid solicitor.

For other types of matters (eg criminal in higher court) a written application must be sent to VLA

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VLA - Legal Aid Assistance

Legal Aid is not available for all types of matters, but is available for :

1. Defendants in criminal cases. Children (under 18) an obtain legal aid whatever their income. Adults must satisfy a means test.

2. Children & parents in matters relating to care and protection of children.

3. Many family law matters. This depends on a means test and also a merits test.

4. (in very special circumstances ) civil cases

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Community Legal Centres (CLC)

If legal aid isn’t available (or is too inflexible to meet the client’s needs) free legal services maybe available at CLCs.

over 50 Victorian CLCs, including the African Legal Service at the Footscray Community Legal Service. (03) 9689 8444 , www.communitylaw.org.au/footscray

often have fairly stringent guidelines about who they will assist

Most focus on helping clients who face economic and social disadvantage and who have nowhere else to go for help.

To find a you local CLC: www.communitylaw.org.au or ring (03) 9652 1500

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About Youthlawspecialist state wide CLCfree & confidential legal advice to children and young people up to 25 years. www.youthlaw.asn.au, (03) 9611 2412

Drop in free legal clinic open 2-5 pm Monday to Friday, based at 19 King Street at Frontyard Youth Services

legal information also via phone or via email outreach legal service at the Youth Enterprise Hub in Braybrook

new web cam service- Youthlaw Online in Shepparton, Seymour and Cobram

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Other specialist CLCsYoung PeopleSunshine Youth Legal Centre at Visy Cares Hub, Sunshine, 9091-8200.

Immigration mattersRefugee Immigration Legal Centre: 03 9483 1140, www.rilc.org.auAsylum Seeker Resource Centre: T: (03) 9326 6066, www.asrc.org.au

Employment law issues - Job Watch Inc. : 03 9662 1933, www.job-watch.org.au

Tenancy issues: Tenants Union of Victoria: 03 9416 2577, www.tuv.org.au

Consumer law (debt/ contracts) Consumer Action Law Centre: 03 9629 5088, www.consumeraction.org.au

Muslim Legal Services Victoria Inc. (03) 9386 6804, mwcv@optusnet.com.au

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Case studyAbdi, a 15 year old boy, born in Somalia, visits the local shopping centre with a few mates, and they hang outside the games arcade.

The boys are making a lot of noise joking and carrying on. They are warned by the security guards that if they continue they will have to leave or the police will be called.

One of the shops in the centre has been robbed in the last ten minutes.

10 minutes later the police arrive and approach Abdi and his friends and demand that they show them what is in their bag and pockets.

Abdi gets angry and tells the tells police to ‘get lost’, and pushes them away. Police say they are arresting Abdi for resisting arrest & take him to the local police station.

While waiting in custody, Abdi’s dad arrives. Police called him to attend the interview.Abdi and his dad have a bad relationship and Abdi did not want him to know.

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Rights when dealing with Police

Ask for name, rank and police station Refuse to answer police questions / say “no comment” Attempt to contact a friend / relative Attempt to obtain legal advice Right to interpreter if do not understand English If a person in custody is under 18 years, an investigating official must

not question or carry out an investigation unless - a parent / guardian or independent person (Youth Referral and

Independent Person Program http://www.cmy.net.au/YRIPP/YRIPPhome) is present in custody

AND before questioning, the young person was given the opportunity

to communicate with parent / guardian / independent person in circumstances in which as far as practicable the communication will not be overheard

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Rights continued….

Refuse to be photographed / participate in an ID line-up

Refuse a police search without warrant (unless reasonable grounds to suspect possession of weapon / illegal drug / stolen goods OR if to preserve evidence relating to a crime)

Refuse consent to a forensic procedure and have court decide whether necessary

Entitled to a copy of taped record of interview or written statement

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After the Interview

Police can either: release you without charging you; release you and charge you later - will serve charges at a later

date, usually by post (“summons” to court); charge you and release you on bail; charge you and keep you in custody until hearing.

Bail: an agreement entered into with the charging police officer that

you will attend court to answer charges may have special conditions where needed to prevent another

offence / get the person to court

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Leaving the Police Station

If person believes they have been mistreated, they have the right to refuse to sign the attendance register.

Possible legal processes for mistreatment include: complaint about discrimination to Victorian Equal

Opportunity & Human Rights Commission, http://www.humanrightscommission.vic.gov.au (03) 9281 7100

complaint to Office of Police Integrity - internal investigation, 03 8635 6188, www.opi.vic.gov.au

civil legal action to recover damages contesting the criminal charges