As Schoolies beckons Queensland’s Year 12 students, Legal Aid Queensland is urging young people and their parents to be aware of their legal rights when it comes to partying.
Legal Aid Queensland senior lawyer Rajiv Gill has some tips for young people about the risks they’re potentially exposing themselves to when it comes to parties, drugs and alcohol and the law.
“Firstly, personal safety is paramount,” Mr Gill said. “But there are several pitfalls kids need to be aware of when it comes to partying and there are common examples of when they cross the line with the law.
“Firstly, kids need to be aware when it comes to drug use and the law, all drugs including prescription medication without a valid prescription could potentially lead to possession charges at the very least,” Mr Gill said. “Kids can also be charged with supplying drugs even if they are just arranging to obtain drugs for themselves.
“It’s also an offence to allow a place – ie a unit – to be used as a place where drugs are consumed.
“When it comes to alcohol – it’s an offence to possess it as a minor and/or to supply it to a minor – someone who’s under 18 years old.
“And finally, be aware parties can be declared “out of control” which can lead to charges being laid against the people organising the party or occupying the house – the kids who are renting it.”
Mr Gill also has advice for kids and their families if they do find themselves in trouble.
“If you’re approached by a police officer, provide them with your name and date of birth if they ask for it,” he said.
“If they want to search you, ask for their reasons and if they refuse to provide them, you don’t understand them or they’re vague, make it clear you don’t formally consent to the search but do be cooperative in any event to ensure you avoid any potential charges of obstructing police.
“If you’re arrested, ask why and whether you’re going to be charged. Ask for your parents or a guardian to be contacted and be cooperative even if your arrest seems unfair or unlawful – again, this will prevent any escalation of your situation or further charges like obstruction being laid,” Mr Gill said.
“If you’re arrested, you do have rights – your parents or guardian should be contacted and if the police are investigating the offence, they will offer an opportunity to record their interview with you. You must have a parent, guardian or a support person with you for that.
“Police must offer you a chance to speak with a lawyer before any questioning and you can call Legal Aid Queensland’s Youth Legal Advice Hotline, a community legal centre, or private lawyer.
“If no lawyer is available, you can ask that any interviews or charges to be laid are delayed until you’ve spoken with a lawyer. Don’t participate in an interview unless you’ve spoken with a lawyer first.”
“The best advice we can give is know who to call if the time ever comes. We all know even the most normal, everyday kids who’ve never been in trouble can slip up and it’s important to ensure you get the right information when you need it.”
Mr Gill said the best way parents and community carers can support their young people through this process is to ensure the young person is able to access legal advice before being questioned by police.
“If this didn’t happen, parents or carers should contact Legal Aid Queensland’s advice line if the child is charged to organise a lawyer through a legal aid application and explanation of the court process,” Mr Gill said.
Children (under 18) are automatically entitled to a lawyer through a legal aid application if they have been charged with certain offences.
For more information about young people and our justice system, go to: https://bit.ly/36BUwTJ.
Young people in trouble can call the Youth Legal Advice Hotline on 1800 LAQ LAQ (1800 527 527) to talk to a lawyer and get free and confidential legal advice about bail, diversionary options, being charged with an offence, talking to police and youth justice issues from Monday to Friday 8am to 9pm and 7am to 5pm on Saturdays.
Media contact
Amanda Catania or Caroline Page (07) 3917 0407 or (07) 3917 0457
Last updated 7 November 2019