Rodney Stevens
As the state tries to tackle the recent escalation in crime linked to teenagers and youths occurring in cities and regional NSW towns, calls have come for the police to get tougher – but they are doing their best under current laws.
Two weeks ago, an unnamed country NSW Police Officer posted on social media following the hit and run death of a 52-year-old motorcycle rider near Moree during a high-speed police pursuit of a stolen car.
The car was allegedly stolen by three, 14-year-old boys, then driven by one of the youths on the 100km long pursuit.
The officer said in the post to the Moree community that the teenagers involved in the youth ‘crime wave’ “aren’t kids, they are hardened criminals who know what they’re doing.”
The officer suggested the teens know their rights and know what they can get away with.
NSW Police must abide by strict laws when dealing with young people under the age of 18.
While any person in NSW aged 10 or older can be arrested and charged with a criminal offence, police must adhere to certain precautions relating to the way that the young person is interviewed, and how they are dealt with if charged with an offence.
Before police can arrest a young person, they must have a reasonable suspicion that they have committed a crime, while officers can charge a person aged under 18 with an offence if they refuse to provide police with their name and address when asked.
People aged over 14 can be fingerprinted and have their photo taken by police, which will be destroyed if they are found not guilty of an offence, but police must have a court order to take the fingerprints and photograph of anyone under 14 years of age.
Before police can interview a young person, they must give them a caution – a formal warning that they do not have to take part in an interview and anything they do say may be used as evidence against them in court, as interviews are only admissible as evidence if given voluntarily.
When police interview a person aged under 18, a support person who is an adult and is not connected to the police must be present, to ensure that the young person understands what is going on and is treated fairly, and if the person is under 14, their parent or guardian will be contacted, while people aged over 14 can choose who the police contact.
Under the Young Offenders Act 1997, police can offer a young person either a warning, a caution, or refer their matter to a youth justice conference, if the person has admitted the offence and consented to the diversion under the Act, therefore diverting them away from court.
Serious juvenile offenders who don’t receive a diversionary option under the Young Offender’s Act 1997 face the Children’s Court.
Police can give a warning to a young person at any place, it can’t have any conditions attached or sanctions imposed, the person’s parents are notified, and a record is kept of the warning.
When determining if they will issue a caution, police consider how serious the offence is, if there is violence involved, if any victims were harmed, and the young person’s criminal history, before issuing a formal notice, outlining the nature, effect, and purpose of the caution which the young person must sign for it to become valid.
Both the Children’s Court and the police can refer a matter to Youth Justice Conferencing for offenders who have admitted to an offence and consented to the process, that involves bringing together their family and the victims to discuss how people have been impacted, which may result in an apology, compensation, or the young person having to take further steps to address reoffending.