ACT Criminal Law
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NSW Criminal Law
QLD Criminal Law
VIC Criminal Law
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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Young People and the Police (WA)
When a young person in Western Australia is suspected of criminal offences, they must go through a similar process as an adult who is suspected of offences. However, when the suspect is under 18 there are extra safeguards that must be observed. This is because young people are seen as being especially vulnerable and susceptible to making mistakes. For this reason, a young person is generally required to have a responsible adult accompany them when attending court or being interviewed by the police. This article deals with young people and the police in Western Australia.
Who is a responsible adult?
A responsible adult is generally the parent or guardian of the young person. It may also be another person who has responsibility for the child’s day-to-day care. Ideally, once the police have decided that a child is to be questioned or arrested in relation to alleged offences, a responsible adult should be contacted to support the young person through the police investigation.
If a responsible adult cannot be contacted in relation to a young person, an independent person may be called to be present while the young person is being questioned. An independent person is an adult who is not connected to the young person but who volunteers their time to ensure that young people coming into contact with the police are treated appropriately.
When young people appear in the West Australian Children’s Court in relation to criminal charges, they must always have a responsible adult attending with them.
Age of criminal responsibility
The age of criminal responsibility in WA is 10. This means that if you are 10 or older and you commit a criminal offence you can be charged, found guilty and convicted in court.
If a person aged between 10 and 14 is charged with offences, it is necessary for the prosecution to prove to the court that the young person understood that their actions were wrong. This means that it is necessary for the prosecution to rebut the presumption that a child under 14 is not criminally responsible, by proving that they knew the difference between right and wrong.
Where a young person is 14 or older, they can be held criminally responsible for their actions without the prosecution proving they knew the conduct was wrong.
Police procedures and young people
There is no legislation in WA requiring police to have a parent, guardian or independent person present when they are questioning a young person. However, the WA Police Commissioner has issued rules and orders to the police to the effect that wherever possible when a young person has been arrested or is being questioned in relation to an alleged offence, a responsible adult or independent person should be present.
When a young person is interviewed without an adult present, the admissibility of any confession made to police may be challenged on the basis that the confession was not made voluntarily. Whether a responsible adult or independent person ought to have been contacted will be considered in light of the young person’s level of independence and maturity, whether they were employed or living independently, and how close to 18 they were.
Notifying an adult
When the police decide to arrest and charge a juvenile with a criminal offence, they are required to contact a responsible adult and provide them with notice of their intention to lay a charge as soon as reasonably practicable. Notice may be given by telephone, or by police attending their address to advise that the young person is to be questioned and /or detained in police custody.
If police are not able to locate a responsible adult, they must find an independent person to take on this role. However, if it is inappropriate to give notice to an independent person, police do not have to comply with this requirement.
In some situations, police are not required to notify a responsible adult. This is not required where the young person was the driver of a vehicle or where the police have asked them for their details and the young person has failed to provide them.
Arresting a young person
Police have the power to arrest young people anywhere and at any time. A young person can be arrested at home, work, school or in the street.
Police should make it absolutely clear to a young person why they are being arrested. However, police are not required to use specific words to tell the young person that they are being arrested. They may say “I am arresting you”, or place their hands upon the person and say “You are under arrest”. In certain situations, the police may physically take control of the person and handcuff them.
When a person under 18 breaks the law, the police may choose to refer them to the Juvenile Justice Team instead of charging them and summonsing them to come before the Children’s Court. Whether this happens will depend on the circumstances.
If a young person is dealt with by the Children’s Court and found guilty, the magistrate will impose a sentence under the Young Offenders Act 1994. The court has the power to sentence young persons to a range of penalties, including fines, good behaviour bonds and periods of youth detention.
If you require legal advice or representation in a criminal matter or in any other legal matter, please contact Armstrong Legal.
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