The Miranda warning (or Miranda rights) is the first thing you think of when wondering "what do police say when they arrest you?". If you are arrested, given a notice to appear or served with a complaint and summons, the police must tell your parents and the Department of Children, Youth Justice and Multicultural Affairs. They may: A police officer gives you a notice to appear. Your rights during an arrest and the procedures police must follow are set out in the Police Powers and Responsibilities Act 2000. The law is different in each state and territory. Under the Police Powers and Responsibilities Act 2000 (Qld) (PPR Act), a person who is suspected by police of committing an offence is entitled to remain silent when questioned about it by the authorities. A caution may involve writing an apology to the victim. In some circumstances, arrests can also be made by police without a warrant. PDF Caution Guidelines under the Fines Act 1996 According to the Juvenile Justice Act 1992, a caution is typically administered in cases of offending that are non-serious, though a caution can be administered in a case of serious offending at the discretion of the police officer. Report an incident Complaints or feedback Applications . It sets out the offence the police say you committed and when you have to appear in court. If you require legal advice or representation in a criminal law matter or in any other legal matter, please contact Go To Court Lawyers. The police cant force you to go to the police station without arresting you. Giving a Police Statement in Australia - Go To Court The Domestic and Family Violence Protection Act 2012 (Qld) (DFVP Act) refers to: a protection order (an order made once a final decision by the court has been made) a temporary protection order (a temporary order while a court decides whether to make a (final) protection order). 0000014865 00000 n
Sometimes police can question children without another adult present. If you admit that you've committed the offence, the police can decide to: In deciding what to do, the police must consider: Get legal advice before admitting that you're guilty of an offence. Help us improve the content on our website or tell us what is working really well. If police question you about an indictable offence, they must follow laws that protect your rights, by: Police must allow you to contact a support person (a friend or relative) and a lawyer, and arrange for them to be with you during your formal interview. Once the young offender turns 18 years of age, the formal caution can no longer be used as evidence. T: (07) 3214 6333, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Reddit (Opens in new window), Accessing Legal Assistance and Resolving Disputes, The Australian Legal System Further Reading, The Australian Legal System Contact Points, Spousal & Child Maintenance and Child Support, Contracts, Money and Property Further Reading, Contracts, Money and Property Contact Points, Laws Relating to Individual Decision Making, Living and Working in Society Further Reading, Living and Working in Society Contact Points, Counter-terrorism Laws: Offences and Powers, Complaints against Government Administrative Law, Complaints against Government Administrative Appeals, Complaints against Police and Public Officials, Right to Information and Freedom of Information, Your Rights and Responsibilities Further Reading, Your Rights and Responsibilities Contact Points, How to Use the Domestic and Family Violence Protection Act, Varying (or Changing) and Ending a Domestic Violence Order, Police Powers to Take a Person Into Custody, Domestic and Family Violence What Happens at Court, Domestic Violence and the Interface with Family Law, Support for Survivors of Domestic Violence, a protection order (an order made once a final decision by the court has been made).