Most of these rights are contained in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).

• Children have the same rights as adults when questioned or arrested, however they have additional protections:
  • parent/guardian must be notified if a child is taken into custody
  • Have the right to an independent adult as a support person during any police procedure, such as an interview or search.
  • Any statement taken from a person under 18 years of age is inadmissible in court unless there was an independent adult present.
  • Police must tell a child about his/her rights and assist the child to exercise those rights
  • Child under 10 may not be strip searched and a support person should be present for older children
  • Children should not be kept in the same cell as an adult
  • Police must not photograph or take fingerprints of children under 14 unless there is a court order
  • Police may not take bodily samples without a court order

YOUNG OFFENDERS ACT 1997 (NSW)

• Aims to provide alternatives to court proceedings
• Allows police to issue warnings, cautions and arrange youth justice conferences
• Affirms the rights of victims and tries to empower them through involvement in the system.
• Aims to improve accessibility by reducing the time and cost involved in dealing with juvenile justice issues
• Reduces the number of children being kept in detention centres

Extract from Legal Studies Stage 6 Syllabus. © 2009 Board of Studies NSW.