Checklist for related legal issues- Checklist of legal and social issues

Young People

Young people will frequently present with an urgent pressing issue, such as:

‘I need somewhere to sleep tonight’
‘Can I get something to eat?’
‘I've got to go to court tomorrow’.

Often there will be a range of other issues (legal and non-legal) lurking in the background which the young person plays down, thinks s/he has to deal with alone, or s/he doesn’t know how, or who, can assist them to address the problem. The longer they let these other issues go on, the worse the problems may become.

It is important to help your client identify and deal with these other issues, and provide the young person with appropriate information, support and referrals. This chapter provides you with suggestions to aid early intervention.

1. Are there any public transport fines?

Many young people incur public transport fines or other infringement notices. Young homeless people often travel without a ticket and may over time accumulate significant related fines.

It is difficult, if not impossible, for young homeless people to pay these fines, which escalate with non-payment. Clients are advised to seek legal advice.

Depending on their circumstances they may be able to:

negotiate an instalment plan;
seek a review of the decision to fine; or
have a fine dismissed on the grounds of special circumstances, which includes:
- homelessness;
- mental illness; or
- serious drug and alcohol addictions

2. When is it okay to travel on public transport without a valid ticket?

Generally the law says everyone has to travel on public transport with a valid ticket. However, if you have made ‘all reasonable’ steps, to buy a ticket before or after the journey, you may travel without a valid ticket.

3. Are there any pending criminal charges?

Some young people in crisis may be ignoring or avoiding dealing with any criminal summons and/or charges.

They may not appreciate the importance of getting legal advice and preparing well in advance of any hearing date, rather than rocking up to court on the day — or worse not going at all and risking a warrant for their arrest being issued.

Young people are advised to seek legal advice as soon as possible. In some cases this may allow a lawyer time to convince the police informant to recommend that charges be withdrawn on the condition the young person completes a program or activity.

4. If the police want to conduct an interview?

Police may use whatever a young person tells them to decide whether or not to proceed with an arrest or charge. There is no such thing as ‘off the record’. Often young people say they are tricked by police into giving incriminating evidence. Young people have the right to say, ‘no comment’, also known as the right to remain silent.

If a young person is interviewed, held, arrested, charged or about to be charged always get legal advice.

5. If a young person is taken to the police station what are their rights and what support is available?

If the young person is under 18 years the interview must be carried out with a parent, guardian or independent person present.

A young person also has a right to speak to a lawyer and you should encourage your client to seek legal advice before the interview.

If you as the support worker are asked to be an independent person, remember you are not there to give legal advice, but make sure the young person feels supported and the interview is carried out lawfully.

6. When can the police search a young person?

Police have the right to search a young person in a public place (including welfare centres), but they must believe the young person is carrying illegal drugs, stolen good or firearms.

There are a number of different styles of personal searches; some of which must be done in private places. Ticket inspectors don’t have the power to search. Security guards can only search a bag if the young person agrees; however, it may be a condition of entry in some shops.

7. Has there been unfair treatment or mistreatment by police or ticket inspectors?

Young people often feel vulnerable and unfairly targeted when confronted by authority. Yet most young people are reluctant or don't know how to complain about mistreatment. There are a number of avenues to make a complaint. It is advised to seek support from a lawyer.