Young people legal issues Strategies and Resources

1. Young people & legal issuesStrategies and Resources Whatever a young persons involvement with the legal system it helps them if you can understand what they�re going through. This means having a basic grasp of the legal jargon, the process , but also an appreciation of the stress young people maybe under and the emotional ffects legal problems can casue. There is lots of practical information and support that you can give a young person. It is important to know what sort of legal services are avaialble to assist young people for a range of legal issues. I will give some genreal issue around the information resources and legal assistance avalaible for young people on a range of legal issues , and then present a common legal case study as an opportunity to highlight the specific legal information and legal support available. Whatever a young persons involvement with the legal system it helps them if you can understand what they�re going through. This means having a basic grasp of the legal jargon, the process , but also an appreciation of the stress young people maybe under and the emotional ffects legal problems can casue. There is lots of practical information and support that you can give a young person. It is important to know what sort of legal services are avaialble to assist young people for a range of legal issues. I will give some genreal issue around the information resources and legal assistance avalaible for young people on a range of legal issues , and then present a common legal case study as an opportunity to highlight the specific legal information and legal support available.

2. Young people who you work with will be affected by the legal system in many ways, with many issues Our legal system is divided into basic categories, criminal and civil law. Criminal� prosecutions of individuals for crimes (offences) Civil: disputes between individual eg contracts, debts, and property Family: dispoutes between married people about divroce, property, maintencnace, children; and allegations of child abuse or neglect. Administrative: disputes between individuals and government. About govt action and dm eg social security, immigration (decisions on the grant of visas, or residency permits) FOI .Young people who you work with will be affected by the legal system in many ways, with many issues Our legal system is divided into basic categories, criminal and civil law. Criminal� prosecutions of individuals for crimes (offences) Civil: disputes between individual eg contracts, debts, and property Family: dispoutes between married people about divroce, property, maintencnace, children; and allegations of child abuse or neglect. Administrative: disputes between individuals and government. About govt action and dm eg social security, immigration (decisions on the grant of visas, or residency permits) FOI .

3. 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) Africa are gaining confidence in the Justice system thanks to a project launched under the Justice for Refugees program (JRP). The JRP Youth at Risk pilot project started in November 2008 to address justice-related issues for disengaged male refugees.Through participation in the project,the young men have an opportunity to become empowered, take responsibility for their actions and realise that with civil rights come civic responsibilities. The project works with young people at risk using three levels of prevention, to intervene with negative behaviour patterns. Its method is to encourage positive thoughts using Cognitive Behaviour Therapy in education and training workshops. The workshops inform participants about justice, tolerance and fairness in society and develop basic skills, such as critical thinking and reasoning, communication and problem solving. Participants discuss laws and the legal system, as well as ways of interacting positively with agency staff, community members and each other. They also examine the roles of lawyers, law enforcement officers and others in the justice and correctional systems. �I would have been lost without this program and it has given me a renewed life in society.� Abdi Elim In addition, participants get help pursuing sustainable employment or enrolling in vocational training tailored to their individual needs. One of the participants, Abdi Elimi, said: �I would have been lost without this program and it has given me a renewed life in society.� Participants also receive a handbook and an information guide developed to provide a greater understanding of the principles and values of the Victorian legal system and democratic governance. JRP Manager Samia Baho said the initiatives were expected to have a positive effect on the whole community and create safer neighbourhoods. �Policies that promote economic and educational opportunities may help young refugees resist the pressures to engage in unsafe behaviours as well as improving their sense of worth,� Samia said. �The project uses a variety of learner activities including role-plays, simulations, small-group discussions, debates and visit to key Justice agencies to bring the theory and practice together.� The JRP started on 1 July 2008 and is already making a huge difference to the lives of refugees. The program uses initiatives aimed at helping refugee communities understand and utilise justice services, reduce their contact with the criminal justice system, as well as reducing discrimination and improving social inclusion. The JRP will receive $2.3 million per year on an on-going basis as part of the Victorian Government�s $17.7 million Refugee Support Strategy announced in this year�s Budget. Reaching out Africa are gaining confidence in the Justice system thanks to a project launched under the Justice for Refugees program (JRP). The JRP Youth at Risk pilot project started in November 2008 to address justice-related issues for disengaged male refugees.Through participation in the project,the young men have an opportunity to become empowered, take responsibility for their actions and realise that with civil rights come civic responsibilities. The project works with young people at risk using three levels of prevention, to intervene with negative behaviour patterns. Its method is to encourage positive thoughts using Cognitive Behaviour Therapy in education and training workshops. The workshops inform participants about justice, tolerance and fairness in society and develop basic skills, such as critical thinking and reasoning, communication and problem solving. Participants discuss laws and the legal system, as well as ways of interacting positively with agency staff, community members and each other. They also examine the roles of lawyers, law enforcement officers and others in the justice and correctional systems. �I would have been lost without this program and it has given me a renewed life in society.� Abdi Elim In addition, participants get help pursuing sustainable employment or enrolling in vocational training tailored to their individual needs. One of the participants, Abdi Elimi, said: �I would have been lost without this program and it has given me a renewed life in society.� Participants also receive a handbook and an information guide developed to provide a greater understanding of the principles and values of the Victorian legal system and democratic governance. JRP Manager Samia Baho said the initiatives were expected to have a positive effect on the whole community and create safer neighbourhoods. �Policies that promote economic and educational opportunities may help young refugees resist the pressures to engage in unsafe behaviours as well as improving their sense of worth,� Samia said. �The project uses a variety of learner activities including role-plays, simulations, small-group discussions, debates and visit to key Justice agencies to bring the theory and practice together.� The JRP started on 1 July 2008 and is already making a huge difference to the lives of refugees. The program uses initiatives aimed at helping refugee communities understand and utilise justice services, reduce their contact with the criminal justice system, as well as reducing discrimination and improving social inclusion. The JRP will receive $2.3 million per year on an on-going basis as part of the Victorian Government�s $17.7 million Refugee Support Strategy announced in this year�s Budget. Reaching out

4. 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/

5. 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 A free one-off legal advice session with a VLA lawyer. lawyers who are on �duty� to help at many courts and tribunals, including the Children�s court advice at many correctional facilities, remand and detention centres, including the Melbourne Juvenile Justice Centre, Parkville Youth Residential Centre & secure welfare facilities. Youth Legal Service provides legal information and assistance to children, young people and parents for family and criminal matters in Children�s Court. Human Rights and Civil Service (includes Immigration matters, infringement notices, Centrelink) A free one-off legal advice session with a VLA lawyer. lawyers who are on �duty� to help at many courts and tribunals, including the Children�s court advice at many correctional facilities, remand and detention centres, including the Melbourne Juvenile Justice Centre, Parkville Youth Residential Centre & secure welfare facilities. Youth Legal Service provides legal information and assistance to children, young people and parents for family and criminal matters in Children�s Court. Human Rights and Civil Service (includes Immigration matters, infringement notices, Centrelink)

6. 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 A person can go and see the duty lawyer on the morning of their court caseA person can go and see the duty lawyer on the morning of their court case

7. VLA - Legal Aid Assistance Legal Aid is not available for all types of matters, but is available for : Defendants in criminal cases. Children (under 18) an obtain legal aid whatever their income. Adults must satisfy a means test. Children & parents in matters relating to care and protection of children. Many family law matters. This depends on a means test and also a merits test. (in very special circumstances ) civil cases

8. 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 Some do family others don�t Not many have registered migration agents who give immigration adviceSome do family others don�t Not many have registered migration agents who give immigration advice

9. About Youthlaw specialist state wide CLC free & 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 Legal Aid guidelines are currently quite restrictive Frontyard, a series of co-located services eg. Young People�s Health Service, JPET, Melbourne Youth Support Service, Centrelink etc. Help with most issues except family and immigration. Refer to specialist for employment law issues and tenancy issuesLegal Aid guidelines are currently quite restrictive Frontyard, a series of co-located services eg. Young People�s Health Service, JPET, Melbourne Youth Support Service, Centrelink etc. Help with most issues except family and immigration. Refer to specialist for employment law issues and tenancy issues

10. Other specialist CLCs Young People Sunshine Youth Legal Centre at Visy Cares Hub, Sunshine, 9091-8200. Immigration matters Refugee Immigration Legal Centre: 03 9483 1140, www.rilc.org.au Asylum 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 MUSLIM LEGAL SERVICES VICTORIA INC220 Moreland Rd Brunswick 3056 T: (03) 9386 6804 F: (03) 9383 5948E: mwcv@optusnet.com.auMUSLIM LEGAL SERVICES VICTORIA INC220 Moreland Rd Brunswick 3056 T: (03) 9386 6804 F: (03) 9383 5948E: mwcv@optusnet.com.au

11. Case study Abdi, 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. CASE STUDY Searching: Before the police can search they must either arrest Angela or have �reasonable grounds� to suspect she is hiding drugs, stolen goods or a weapon. Right to silence: Abdihas the right to ask what the arrest is for. Arrest: Unreasonable amount of time in custody Caution not issued by police Parents should not be contacted unless wanted Caution that must be issued by police: You are not obliged to say or do anything but anything you say or do may be given in evidence. You may communicate with or attempt to communicate with a friend or a relative to inform that person of your whereabouts. You may communicate with or attempt to communicate with a legal practitioner. CASE STUDY Searching: Before the police can search they must either arrest Angela or have �reasonable grounds� to suspect she is hiding drugs, stolen goods or a weapon. Right to silence: Abdihas the right to ask what the arrest is for. Arrest: Unreasonable amount of time in custody Caution not issued by police Parents should not be contacted unless wanted Caution that must be issued by police: You are not obliged to say or do anything but anything you say or do may be given in evidence. You may communicate with or attempt to communicate with a friend or a relative to inform that person of your whereabouts. You may communicate with or attempt to communicate with a legal practitioner.

12. 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 Police can be fined if don�t give you their name, rank and station details. Fundamental right enshrined in our legal system - right to silence. Only times when police do not have to wait for a parent, guardian or independent person to be present at the interview, is where the communication would result in the escape of an accomplice or the destruction of evidence / where the safety of other people means that questioning should not be delayed. Police do not have to get an interpreter in driving matters that involve drugs or alcohol. If police seek to search you, they must have a reasonable suspicion of one the things listed in the slide, otherwise they need a search warrant / your consent. If police insist they have the right to search you, you should make it clear you do not consent, but not resist. Police can however search you in a public place such as a shop / train station. Police now also have the right to search people under 18 if they suspect you are going to inhale a volatile substance (chroming), though it is not a crime. Police may ask that you undergo a forensic procedure, eg taking a body sample, pubic hair or saliva or DNA. Should refuse it until the police have a court order ordering that you provide the sample. If between 10 and 16, police need to have a court order in all cases. Police can be fined if don�t give you their name, rank and station details. Fundamental right enshrined in our legal system - right to silence. Only times when police do not have to wait for a parent, guardian or independent person to be present at the interview, is where the communication would result in the escape of an accomplice or the destruction of evidence / where the safety of other people means that questioning should not be delayed. Police do not have to get an interpreter in driving matters that involve drugs or alcohol. If police seek to search you, they must have a reasonable suspicion of one the things listed in the slide, otherwise they need a search warrant / your consent. If police insist they have the right to search you, you should make it clear you do not consent, but not resist. Police can however search you in a public place such as a shop / train station. Police now also have the right to search people under 18 if they suspect you are going to inhale a volatile substance (chroming), though it is not a crime. Police may ask that you undergo a forensic procedure, eg taking a body sample, pubic hair or saliva or DNA. Should refuse it until the police have a court order ordering that you provide the sample. If between 10 and 16, police need to have a court order in all cases.

13. 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

14. 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 Bail is generally granted where police officer is confident that young person is not a risk to him or herself or others and that the young person will appear in court at the required time. While bail conditions should not be imposed unless necessary, discretion given to police officers can result in bail conditions which do not match seriousness of offence/personal circumstances of young person. Common bail conditions include: having responsible adult sign an undertaking on behalf of young person; living at specific address/approved address; regularly reporting to police station; keeping curfews; keeping to restricted areas; not associating with a particular co-accused; or payment of money which is forfeited in the case of non-attendance at court (uncommon). If not released unconditionally / bailed by the police, must be brought before a Children�s Court / if the Court is not sitting then, before a bail justice within a reasonable time, but no later than 24 hours after being taken into custody. A bail justice who does not grant bail, can only remand a young person in custody until the next working day of the Children�s Court or, in certain prescribed country regions, within 2 working days. Bail is generally granted where police officer is confident that young person is not a risk to him or herself or others and that the young person will appear in court at the required time. While bail conditions should not be imposed unless necessary, discretion given to police officers can result in bail conditions which do not match seriousness of offence/personal circumstances of young person. Common bail conditions include: having responsible adult sign an undertaking on behalf of young person; living at specific address/approved address; regularly reporting to police station; keeping curfews; keeping to restricted areas; not associating with a particular co-accused; or payment of money which is forfeited in the case of non-attendance at court (uncommon). If not released unconditionally / bailed by the police, must be brought before a Children�s Court / if the Court is not sitting then, before a bail justice within a reasonable time, but no later than 24 hours after being taken into custody. A bail justice who does not grant bail, can only remand a young person in custody until the next working day of the Children�s Court or, in certain prescribed country regions, within 2 working days.

15. 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 Police may say they will not release you if you do not sign the attendance register. They cannot refuse to release you on this basis - seek legal advice.Police may say they will not release you if you do not sign the attendance register. They cannot refuse to release you on this basis - seek legal advice.