Parents will probably first learn that their child may have broken the law when the police phone or arrive at the door. It is important to:

• keep calm;
• find out as much as possible about what the police say your child has done – remember a complaint to police does not automatically mean your child has broken the law (even if they have done something wrong);
• ask why the police want to speak with your child.

It is recommended that your child speaks to a lawyer before they answer questions or give a statement. The lawyer will have to speak to your child and not you. Your child may call the Youth Hotline on 1800 527 527 or if your child identifies as Aboriginal or a Torres Strait Islander they may call ATSILS on 1800 012 255.

For information on what your child does or does not have to do in relation to police, and what happens if they have to go to court, see the YAC Info sheets:  Police  – Facts You Need to Know; If I am Charged; Court; Childrens Court Queensland; Court Orders.

Are police allowed to come into my home or search my car?

There are a number of ways the police can legally conduct a search.  The three main ways are:

• Search warrant - if police seek to enter your home or examine your car with a search warrant you have the right to get a copy of this warrant and the name, rank and station of the police officer.
• Reasonable suspicion - police can enter a private place, such as your home or car, without a warrant, if they have ‘reasonable suspicion’ that they will find evidence of an offence and this evidence may be hidden or destroyed unless the place is immediately searched.
• Consent - if you give police permission to search, then the police can search your home and keep searching until such time as you withdraw that consent. If you consent and the police enter they may then form a ‘reasonable suspicion’ due to something they see or hear. Police will then have the power to stay and search. A person who appears to be in charge of the premises can consent (for example your teenage child).

If police take away any property belonging to you or your child the police must provide a field property receipt.

Do I have to call the police if I think my child may have broken the law?

If you are concerned your child may have broken the law you do not have to contact the police. However, if your child brings certain things into your home there may be consequences for you. For example, if you think your child is using drugs then you are not under a legal obligation to let police know. If the police find drugs belonging to a person at your home, you may get into trouble.

You do not have to tell police about anything your child may have done, but you also cannot do anything to cover up what they may have done. If your child is over 18 and you have a reasonable suspicion that they have committed a sexual offence against a child under 16, you are required to report this to police.

Do I have to go with police or give a statement to police?

There is no legal obligation for a person (or parent) to talk to police about any matter. You do not have to go anywhere with police, such as to the police station, unless you are under arrest.

If the police approach you or your child it is best to give your correct name, address, and age as it can be an offence not to do this. Be aware that anything you say (even on the street) may be tape-recorded without you knowing. There is no such thing as an ‘informal’ or ‘off the record’ chat or interview. Interviews include when police ask you questions beyond your name, address and age. These interviews are then commonly used as evidence.

What is a support person’s role in a police recorded interview?

A person under 18 years of age should have a support person at a police interview if they are a suspect for an offence. This support person has to make sure the child understands the process and their rights, that they can exercise those rights, and to ensure that the police conduct the interview fairly. If your child decides to agree to an interview, one of the best ways to support them is to organise for the interview to take place after your child has spoken with a lawyer. Unless police know a lawyer has been organised for your child, police must contact a representative from a legal aid organisation and inform them before they question your child. See the list below for phone numbers for free legal help.

If you are angry with your child, then your ability to be a support person can be a problem. Before the interview you should confirm that your child wants you to be their support person or if they might want another trusted adult to support them.

If my child is charged and has to go to court, do I have to be there?

The court generally requires a parent to be at court for their child. If you don’t attend, the court will want to know why and where you are. The court can then issue a notice ordering you to attend, and if you don’t comply with the notice the court can fine you.

When the Magistrate/Judge chooses the most appropriate court order (sentence) for your child, they will often consider how a parent has responded to the alleged offence. Helping your child to learn from the event and to change their behaviour will be viewed positively by the courts.

What if my child is the victim of a crime?

You should encourage your child to consider all their options which includes contacting the police. It is generally the role of police to investigate crime. There are some circumstances when it’s an offence not to report a crime to police. For example, if you have a reasonable suspicion that a sexual offence has occurred against a child by an adult then you are required to report this to police.

It is important to understand what may happen if a matter is reported to police, so it may be useful to talk to a lawyer first. If your child is a victim they could be the main prosecution witness. The police decide if there is enough evidence to charge someone. Your child may be eligible for victim’s compensation and should speak to a lawyer about this.  YAC can provide support to young people appearing as complainants or witnesses in court matters and help them to manage the process.

How can I withdraw my complaint to police about my child?

You can withdraw your complaint at any time, including after your child has been charged and court proceedings have started. Any officer at a police station counter can assist you in filling out a ‘Withdrawal of Complaint’ form. The form will then be brought to the attention of the arresting officer, who will assess what steps are to be taken, such as having the charge formally dismissed by the court. If there is other evidence about the offence, the police can still decide to proceed and you may still have to give evidence in court against your child if your child decides to plead “not guilty”.