Discovering that your child may have broken the law is deeply confronting for any parent. Often, the first indication comes when the police call or arrive at your door. In these moments, it’s natural to feel anxious, but your response is pivotal in protecting your child’s rights and guiding them forward. This article provides insights into the legal processes, your obligations, and how best to support your child in navigating the criminal justice system.
Steps to Take When Police Contact You About Your Child
If you are contacted by the police about your child, here are critical steps to follow:
- Remain Calm and Collected
Reacting emotionally or aggressively can escalate the situation and undermine your ability to support your child effectively. By staying composed, you can gather information about the problem and take the necessary steps to protect your child’s rights.
- Understand the Allegation
It’s essential to learn as much as possible about what the police say your child has done. A complaint to police does not automatically mean your child has broken the law—even if their behaviour was questionable. Take notes about the allegation and the reasons police want to speak with your child. This understanding will empower you to navigate the situation effectively.
- Exercise Your Child’s Right to Legal Advice
Children have the right to legal representation before speaking to police. Your child should inform the police that they will decide whether to answer questions or give a statement only after consulting a lawyer. In NSW, your child can contact the Youth Hotline on 1800 527 527. For Aboriginal and Torres Strait Islander children, assistance is available through ATSILS on 1800 012 555.
Be Aware of Police Powers
Police may seek to conduct a search or gather evidence. They can legally do this under specific circumstances:
- Search warrant: Police may search your home or car if they present a valid warrant. You have the right to see this warrant and note the officer’s name, rank, and station.
- Reasonable suspicion: If the police reasonably suspect evidence related to an offence may be hidden or destroyed, they may search without a warrant. For example, if your child is found in possession of stolen goods, the police may reasonably suspect that there are more stolen goods hidden somewhere, and they may conduct a search without a warrant.
- Consent: If you permit police to search your property, they can do so until you withdraw your consent.
If police seize any property belonging to your child, they must provide a field property receipt.
What Are Your Legal Obligations as a Parent of a Youth Offender?
Parents are often uncertain about their obligations to police and the potential consequences of their child’s behaviour. Keep these points in mind:
You Do Not Have to Report Suspected Illegal Activity
If you suspect your child has done something illegal, you are under no obligation to inform the police. However, there can be consequences for harbouring evidence or substances in your home. For instance:
- If police find drugs belonging to your child in your house, it may be presumed that you had knowledge of the drugs.
- Attempting to dispose of evidence, like stolen goods, could result in charges against you for breaking the law.
It is crucial to avoid concealing your child’s misconduct, as this can lead to legal repercussions for you.
Cooperation with Police
You are not legally required to accompany police or give a statement unless you are placed under arrest. However, refusing to cooperate entirely can complicate matters. It is always advisable to provide accurate information such as your name, address, and age, as giving false information can constitute an offence. Refusing to cooperate can also lead to suspicion and may result in a more thorough investigation, potentially prolonging the legal process for your child.
Be cautious when speaking with police; even casual conversations may be recorded and later used as evidence. There is no such thing as an “informal” or “off-the-record” interaction with police.
Support During a Police Interview
If your child agrees to a police interview, they are entitled to have a support person present. As their parent, your role is to ensure they understand their rights and that the police conduct the interview fairly. The support person can also help your child stay calm and focused during the interview. However, if emotions are running high or your child doesn’t want you to attend, another trusted adult may act as their support person.
Before allowing your child to proceed with an interview, organise legal advice first. Police are obligated to contact a legal aid representative unless you’ve arranged for a lawyer to assist your child.
Police Roles in Youth Offences
If your child formally admits to breaking the law, police have several alternatives to charging them:
- Cautioning: Police may issue a formal warning if your child isn’t a repeat offender or hasn’t committed a serious offence.
- Restorative Justice Conferences: These sessions focus on healing the harm caused by the offence. Your child will discuss the impact of their actions with the victim and agree on a way to make amends, such as an apology or payment.
- Drug Diversion Programs: When drug-related offences occur, police may refer your child to a counselling program as an alternative to court proceedings.
These options are invaluable opportunities for rehabilitation and accountability. Always engage with these programs to demonstrate your child’s commitment to changing their behaviour.
Court Attendance and Parental Responsibilities
If your child is charged and required to attend court, parents are typically expected to be present. The court views parental involvement positively and considers how the parent has responded to the offence when determining appropriate sentencing.
Supporting your child’s understanding of the seriousness of court proceedings and helping them reflect on their actions will leave a favourable impression on the Magistrate or Judge.
Navigating the criminal justice system is challenging, but armed with the proper knowledge and resources, you can support your child effectively. Whether your child is an offender or a victim, your involvement, understanding, and guidance are pivotal to their development and rehabilitation. Always remember to seek legal advice early. This proactive step can help you understand your rights and responsibilities, and guide your child towards a better future.
If you or someone you know wants more information or needs help or advice, don’t hesitate to contact us on 0407 534 594 or 0407 171 626 or email info@catronsimmons.com.au.