FOR YOUNG PEOPLE IN TROUBLE WITH THE POLICE
... who live, work or study in ...
Fitzroy - Collingwood - Richmond - North Melbourne - East Melbourne - Brunswick - Carlton
Fitzroy Legal Service Inc. -- This project was funded by the Victoria Law Foundation.
ALPHALINE 9419 7427 - EMERGENCY 24 HOURS FREE LEGAL ADVICE
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1. You should give your name and address to police if requested: Police must tell you their reason for questioning you and give their name, rank and place of work if asked by you. If you refuse or give a false name and address you can be charged and fined $500.
2. You do not have to go anywhere with the police unless arrested. The police must tell you "you are under arrest" and why you are under arrest.
3. If arrested you have the right to ring a lawyer: You should ask for this. You also have the right to ring a friend or relative
4. You do not have to answer other police questions: Be calm and polite. There is no such thing as an "off the record" statement. If you have a clear explanation of your innocence it may be advisable to give this although you should speak to a lawyer first. Sometimes you can get into more trouble by answering police questions. To each and every question (other than your name and address) answer "No comment until I get legal advice".
5. If you are under 17 years, the police cannot question you without a parent, guardian or an independent adult present.
6. You 'have to' give your fingerprints if you are 15 years old or over, and the police suspect that you have committed an offence. Police may use reasonable force to take your fingerprints. If you are between 10 and 14 years you "don't have to' give your fingerprints unless both you and a parent/guardian agree, or the police obtain a court order.
7. You have the right to refuse your photograph being taken, or being put in an identification 'line-up'!
8. Police may request that you undergo a forensic procedure: (eg blood sample, taking pubic hair or saliva). Say no to this as the police must get a court order to do so.
9. Police can only search you, or your car, if they reasonably suspect illegal drugs, weapons, stolen goods, or to preserve evidence. Otherwise a search warrant is required.
10. Police must provide an interpreter if they believe that you require one. Alphaline cannot provide this service.
11. If you are hurt see a doctor immediately and ring Alphaline. If you want to complain about your treatment you can report this to the State Ombudsman, the officer in charge of the police station (when leaving or later) or Police Ethical Standards - ring Alphaline for advice.
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REMEMBER REMEMBER REMEMBER REMEMBER
Anything that you say to the police can be used against you.
There is no such thing as an off the record statement - don't "chat" to police on the
way to the station!.
If arrested ask what for and tell friends or onlookers to contact a lawyer or a relative about where you have been taken to and why. Phone Alphaline. Give your friends your date of birth and full name.
If questioned you don't have to say anything except your name and address.
You have the right to say "No comment" to all questions except for your name and address.
If injured by the police you may want to report it to the officer in charge of the police station (now or later). See a doctor immediately and talk to a youth worker and lawyer as soon as possible.
Be politely firm about your rights! Do not loose (sic) your cool.
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SOME OTHER USEFUL PHONE NUMBERS
• Fitzroy Legal Service: (legal information and referral) 9419 3744
• Victoria Legal Aid: (telephone advice service) 9269 0120
• Aboriginal Legal Service: 9419 3888
• Action Centre: (free help in health, abortion and contraception issues) 1800 013 952 or 9654 4766
• Centre Against Sexual Assault: (if you are raped or sexually assaulted) 9496 5770
• Direct Line: (drug and alcohol info and counselling) 9416 1818
• Youth Substance Abuse Service: (outreach, residential drug and alcohol service) 9244 2450 or 1800 014 446
• Translating And Interpreter Services: 131 450
• Life Line: (24 hr counselling) 131 114 or (suicide help-line) 1300 651 251
• Stop Over: (emergency accomodation) 9347 0636
• State Ombudsman: (for complaints against the police) 9613 6222
• Kids Help-Line: 1800 551 800