A youth who is being questioned by the police has the same rights as an adult not to answer questions unless specifically required to by some Act or other law, see ARREST, YOUR RIGHTS AND BAIL, Arrest and questioning. This means that the youth must tell the police his or her name and address, and if they were the driver or owner of a motor vehicle, but does not have to answer questions about the alleged offence.

It would be unwise to answer any questions about an alleged offence before obtaining legal advice.

In addition to the other state laws relating to investigation, arrest, bail and remand, s 14 of the Young Offenders Act 1993 (SA) states that the police must, as soon as possible after the arrest of a youth, explain the nature of the allegations against him or her, and inform the youth of his or her right to seek legal representation. The police must take all reasonable steps to ensure that the child is only interviewed in the presence of a parent or guardian or, if not available, an adult person nominated by the child (and who has a close association with the child) or a person from the Department for Child Protection. Statements made to police by a child when a guardian or other adult is not present may not be accepted as evidence by a court in many cases.

Arrest

A police officer can, without a warrant, arrest a youth who is reasonably suspected of having committed an offence. In doing so the officer can enter or break into any place and use as much force as is reasonably necessary. The police have similar powers in relation to the investigation of a crime suspected of having been committed by a youth and in the questioning of a youths as they have for adults, see ARREST, YOUR RIGHTS AND BAIL, Arrest and questioning.

Bail

The Bail Act 1985 (SA) applies to both adults and youth. A youth who has been arrested can apply for and be granted bail on the condition that the youth will appear in court at a specified date, place and time. Bail can be granted by the police on arrest or, if police bail is refused, an application can be made to the Youth Court on the next business day.

The youth should speak with a lawyer before making an application for bail to the Youth Court. The Legal Services Commission has a duty lawyer available at the Youth Court and provides lawyers for youths in custody.

Conditions of bail agreements in the Youth Court may include provisions only rarely if ever ordered in adult matters such as:

If bail is granted, the youth is free to leave custody or the Court after the bail agreement has been signed. The youth must attend Court on all subsequent occasions to ensure the bail agreement is not revoked, and the youth is not taken back into detention. The youth is required to follow all bail conditions throughout the duration of proceedings

Where bail is not granted, the youth is detained separately from adult prisoners. They are to be held in a Training Centre until the matter can next be heard by the Youth Court. If it is not possible for the youth to be taken to a Training Centre, the youth may be detained in a police prison, or police station, watch-house or lock-up approved of by the Minister. However whilst being detained at one of those locations, steps must be taken as are reasonably practicable to keep the youth from coming into contact with any adult person detained in that location [see Young Offenders Act 1993 (SA) s 15].

For information on the powers of the police when making an arrest, the duty to answer questions asked by the police in the course of their investigations and the rights of an arrested person to apply for bail, see ARREST, YOUR RIGHTS AND BAIL, Arrest and questioning.

See also our factsheet Police and You (covers arrest, interviews, searches and more) and the Youth Court Bail Hearing video prepared by the Courts Administration Authority.