Children's & Youth Legal - Information Pages

Rights and Responsibilities

The information contained on this page is not legal advice. If you do have a legal problem you should talk to a lawyer before making a decision about what to do. The information on this page is written for people resident in, or affected by, the laws of South Australia, Australia only.

The New Weapons' Laws

There are three classifications of weapons:

• Offensive weapons

• Dangerous weapons

• Prohibited weapons

Prohibited weapons are illegal to have, own, make, sell or use under all situations. It is an offence to carry an offensive weapon without a lawful excuse. Breaking these laws will bring fines of up to $10,000 and/or up to 2 years in jail. For more information go to: www.sapolice.sa.gov.au

You and the Police

• If you are stopped by the police, you must give your name and address to them, otherwise they may lock you up.

• If you are in a car, you must tell the police the name of the owner of the car and their address if you know it.

• That is all the information that you need to give them, but remember it is BEST TO BE POLITE.

• Police can search you if they think there is evidence of an offence that has been committed.

• If you are under 18, the police must have your parent, guardian or another adult (if your parents are not available) present when they question you.

• Don’t sign anything that you don’t understand or agree with.

• You have the right to legal advice.

• It is a good idea to remain calm and not swear or be rude to a police officer.

For more information call: The Children’s and Youth Legal Service of SA – 8342 1800

Admitting Allegations

For a very minor offence, you may be given an informal caution. No further action will be taken concerning this offence although your parents or guardians will be notified. No official record of an informal caution is kept
OR
Formal caution should be conducted in the presence of a parent or a guardian.
OR
You may be required to attend a family conference. A family conference is a meeting where you will be asked to accept responsibility for your actions. The meeting will include a Police Youth Officer and a Youth Justice Co-ordinator, and may also include your parents, friends, the victim and the victim’s supporters.
OR
You may be charged with the offence and required to appear in court. (Serious offences and repeat offenders are more likely to be referred to court.)
OR
You may decide to ask that the matter be dealt with by the Youth Court. The police officer will then charge you with the offence and require you to appear in Court.

Denying Allegations

The police officer may charge you with the offence and require you to appear in the Youth Court
OR
After the police officer has asked you some questions, she/he decides not to charge you.

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