The Law for Young People
"Police"
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IF YOU ARE QUESTIONED OR ARRESTED BY THE POLICE
- Stay cool and calm
- You should give your correct name, age and address.
- You have the right to remain silent and not sign any statements.
- If you are stopped by the police or taken to the station, ask if you are free to go, and if not, why not ?
- You should get legal advice as soon as possible. top
IF THE POLICE COME TO YOUR DOOR
- Stay cool and calm and stay together.
- Write down the officers name & station.
- Ask why they are there.
- If you do not want the police to enter you must say so, but do not under any circumstances touch or physically stop the police from entering or searching your home as they may charge you. top
IF THE POLICE WANT TO SEARCH YOU
- Stay cool and calm.
- The police may search the outer layers of your clothes in public.
- Under the drug misuse act the police may take you to a private place and strip search you, (even if you have not been arrested)
- If you don't wish to be searched, it is important to tell the police that you do not wish to be searched but do not physically resist the search.
- If you think that they are treating you unfairly you can complain to the CJC.
- You should talk to a lawyer later about what to do.
Police can search you without a warrant under some laws for the following reasons:
- The police believe that evidence will be destroyed.
- The police believe there is a threat of injury, death, a weapon will be used or there are domestic violence issues.
- They have a reason to believe that you are in the possession of stolen property, drugs or a weapon. top
HOME SEARCHES
- If the police have a search warrant ask to see it & ask the police to read it to you.
- The police can search you without a warrant under some laws.
- If they want to search you ask under what law are they going to do so.
You should stay with the police as they search your house, you should go from room to room with them and you should stay together. The police may not allow you to do this, but you should always ask. top
BREATHALYSERS
It is an offense to refuse a breathalyser if asked to do so by a police officer, while you are in charge of a car. You could also be asked to take a blood test if the police think you have been affected by alcohol or drugs. The police may take you to the nearest police station, by force if necessary, to obtain a blood alcohol reading. top
ALCOHOL
There is no law about how old you have to be to drink in private, but it is against the law for a licensed premises to sell alcohol to people under the age of 18yrs. It is an offense to drink in licensed premises if you are under 18. You could be asked to show ID before you are sold alcohol. It is against the law to pretend to be 18 to try to get alcohol. top
DRINKING IN PUBLIC
In most cases no-one can drink in a public place unless it has a special permit. Public places mean shopping centers, parks, malls or on the street. If you get caught drinking in public you could be charged no matter what your age is. Obscene language, violent behavior and acting indecently are also offenses that often accompany drinking offenses. top
DRUGS
You can be charged with a drug offense if you:
- Supply a dangerous drug, give or sell a drug to someone else or offer to do so.
- Possession of a dangerous drug, drugs in your possession or in your room.
- Possession of a utensil, (not a syringe or needle),if the police believe it will be used with drugs, for example a bong, pipe or scales.
- Needles & Syringes. It is not illegal to be in the possession of needles or syringes, clean or used. You must dispose of your fits properly. You must use a puncture proof, hard walled resealable container (like a needle exchange disposal bottle, plastic shampoo bottle or a resealable tin) and place this container inside a garbage bag and into the rubbish bin or preferably back to the needle exchange. Any other way of disposal is illegal and you could be charged. top
Acknowledgment
The Logan Youth Legal Service wish to thank the Youth Advocacy Center for their assistance and for the use of their resource 'The Kit' in the development of this page.
Disclaimer
The information contained in this site is only relevant to people in Queensland, Australia. The information contained in this publication should not be regarded as a substitute for professional advice and no responsibility is accepted for any errors or omissions or any loss or damage resulting from reliance on this. The information in this site should only be used as a guide to the law and workers should also consider personal ethics and organisational policy prior to taking action.
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