POLICE

When can person be convicted of a criminal offence?
According to a law, nobody can be charged with a criminal offence until 10 years old. Children between 10 to 14 years may be responsible for offences they commit, but it must be proven in the court that they knew what they did was 'seriously wrong'. If they are involved in trouble with police, they should take a legal advice for clearly explanation and understanding of consequences of what they did. After 14 everybody responsible for any offence. Before 16 there is no recorded conviction, but if conviction was recorded, it can be wiped after 3 years of good behavior.
The right to remain silent:
in most circumstances everybody must give a name and address, but can refuse to answer questions by police if

• stopped on the street ;
• taken to a police station for a questioning; or
• arrested.

Everybody must give a real name to police if:

• driving a car;
• involving in a car accident;
• suspected of commiting an offence on public transport;
• under 18 and suspectedof drinking alcohol in a public place; or
• suspected of being involved in or witnessing a serious crime.

In every cases police officers must give their names and the police station's name.

Police must tell why they want to search. When can police search person?

• if person agree;
• under arrest;
• suspected of carrying illegal drugs, weapons, stolen goods...

Complaints about police can be done if their conduct has been:

• corrupt;
• illegal;
• unreasonable;
• unfair;
• intimidating;
• discriminatory;
• inappropriate;
• injured person;
• damaged or stolen property;
• accepted or solicited a bride; or
• acted improperly.

Complaint can be done without a name, only need to give enought information that the incident or action can be properly investigated.

Phone: (02) 9268 1000 or 1800 451 524 (toll free)

www.ombo.nsw.gov.au