xref No, but if you dont the police may ask witnesses to identify you by looking at photographs instead. [2], From 1995 cautions were recorded on the Police National Computer, and it was recommended that cautions should be retained for 5 years, though each police force could follow its own guidelines. 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.". What do police say when they arrest you? - Higgs Newton Kenyon Solicitors Police interviews - Legal Aid NSW } However, you may visit "Cookie Settings" to provide a controlled consent. In 1928 the Home Office published statistics on cautions, and by 1931 was giving advice on the wording of cautions. So, if you break the law after you turn 18, an adult court is not allowed to look at this information. If they suspect that there are firearms that they have not been told about they can apply for a search warrant. You may be given formal caution if: you admit to the offence in the presence of an adult (such as your parent or a lawyer); you agree to receiving a caution (as opposed to going to court); and alcohol in a public place. What Greg Smith calls inefficiency is better called protection of the innocent. Emma Smith, Director, Paul Crowley & Co Solicitors. Moudasser Taleb stood trial in March this year charged . Section 8 sets out offences covered by this Act. Do you need legal help and support with domestic violence? Legal Aid NSW does not provide lawyers for this purpose. 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. If you are detained as an intoxicated person the police may release you immediately into the care of a responsible person who is willing to take immediate care of you. 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Being questioned | Your rights, crime and the law - Queensland This notice must contain information including: The notice must also be in language that children can understand. startxref 0000002335 00000 n What was originally an unambiguous protection for people accused of a crime - if you are unsure of yourself or out of your depth, stay silent until you can fully consider your legal position - is now vague and imprecise and threatening. That tyranny was the early modern English star chamber, which used torture to coerce suspects to talk. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. This cookie is set by GDPR Cookie Consent plugin. If you use violence you may be charged with assaulting police. From now on, NSW Police will qualify their standard police caution "you are not obliged to say or do anything unless you wish to do so" with this sentence: "But it may harm your defence if you do not mention when questioned something you later rely on in court." In other words, you're welcome to stay silent, but you might regret it. (www.legalanswers.sl.nsw.gov.au) and in local public libraries across New South Wales. You must also have admitted to the offence and agree to accept the caution. RAW DIgital Media Limited The Government has been transparent about what it believes the purpose of its reforms are - not to alter the way courts think about the right to silence, but how accused people think about it. You also have the option to opt-out of these cookies. If you are 14 or older, you can choose who you want to call. Caution and Summary of Part 9 Law Enforcement (Powers & Responsibilities) Act 2002. yQ"/Y! You will use the "when" caution to explain that remaining silent will not interfere with the prosecution. Most serious analyses of the right to silence are done by legal academics. 0000007416 00000 n Do you need support for your family law problem? 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. Legal Aid NSW: You can get free legal advice and help at court from Legal Aid NSW. If the person arresting you does not give you these details, do not get into a dispute with them. 0000001706 00000 n %%EOF They can also ask you to shake your hair and open your mouth. That a legal protection is often used is no reason to get rid of it. If the police dont give them back, you may have to ask for them when your case goes to court. })(); It doesn't matter where the Police question you - on the street, at your house, or while you are under arrest or in custody- you are legally entitled to stay silent and refuse to answer questions.