Providing legal support for over 50 years

You may qualify for funding through Victoria Legal Aid.

Victoria Legal Aid is a Government-funded service that provides funding for legal assistance to people who need it most.

There are strict guidelines in place to determine whether a person is eligible to receive a grant of Legal Aid assistance.

Tony Hannebery Lawyers is a member of the Summary Crime and Indictable Crime panels, and amongst Victoria Legal Aid’s preferred criminal law firms.

If you are eligible for Legal Aid, we at Tony Hannebery Lawyers can assist you.

Age of Criminal Liability in Victoria: Overview

The age of criminal liability is the age at which a person can be arrested, charged, and found guilty of a criminal offense. In Victoria, the current age is 10, but there are planned changes to raise it to 12 in 2024 and to 14 by 2027.

Children Under 10:

Children under 10 cannot be arrested, charged, or found guilty of a criminal offense in Victoria.

Acts by children under 10 that would be offences if committed by older individuals may lead to consequences like parental discipline, teacher involvement, or referral to counselling.

Children Between 10 and 14:

For children aged 10 to 14, the prosecution must establish that they understood the act was a crime and that the behavior was wrong.

The doli incapax rule, meaning incapable of evil, is a rebuttable presumption that a child under 14 is not criminally responsible.

Children Over 14:

For young people aged over 14 but under 18, charges are dealt with in the Children’s Court.

The Children’s Court follows similar procedures and rules of evidence as adult cases, but additional rules may apply, such as requiring the presence of a responsible adult.

Sentencing for Young Offenders:

Sentencing of young offenders in Victoria falls under the Children, Youth and Families Act 2005.

The primary goal of sentencing is the rehabilitation of the young person.

Sentencing options include good behavior bonds, fines, youth supervision orders, periods of detention, and participation in diversionary programs.

This overview outlines the age of criminal liability in Victoria and the legal processes for children under 10, those between 10 and 14, and those over 14 but under 18. Sentencing aims at rehabilitation, emphasizing the unique considerations for young offenders under the Children, Youth and Families Act 2005.

https://www.legalaid.vic.gov.au/criminal-records

Exercising Police Powers: Know Your Rights

When dealing with police questioning, it is crucial to be aware of your rights and safeguards to avoid self-incrimination.

Refusing to answer police questions generally cannot lead to legal consequences.

Rights Before Questioning:

Before questioning, police must inform you that you have the right to remain silent, and anything you say may be used as evidence.

You can contact a friend, relative, or lawyer before the interview proceeds.

Police must allow you reasonable time for these contacts and ensure privacy during discussions with your lawyer.

Duration of Detention:

If arrested, police have a reasonable time for questioning and investigations.

The concept of “reasonable time” varies based on factors like the complexity of the case and the time taken for legal consultations.

Commonwealth law has a specific time limit of four hours for investigations, excluding certain activities.

Offences Related to Answering Questions:

Giving your name and address when asked is mandatory, with a fine of about $700 for non-compliance.

Witness summons related to organized crime offenses under specific laws may require answering questions, with a maximum penalty of 5 years imprisonment.

Generally, for other police questions, exercising the right to silence by saying “no comment” is a legal right.

Decision to Participate in an Interview:

The decision to take part in a police interview involves considering the advantages and disadvantages based on the unique circumstances of each case.

Refusing to answer questions during official questioning cannot result in an unfavourable inference by the court.

Understanding your rights, such as the right to remain silent, consulting with a lawyer, and the right to privacy during legal discussions, is essential when dealing with police questioning. Legal advice is recommended for navigating individual cases effectively.

https://www.mcv.vic.gov.au/going-court/can-i-change-my-court-date

https://lawpath.com.au/blog/how-much-should-i-pay-for-a-lawyer

https://www.legalaid.vic.gov.au/being-arrested

Procedure After a Minor Car Accident in Victoria:

1. At the Accident Scene:

• Gather information from the other party, including:
  • Full name and address
  • Contact phone numbers
  • Licence and registration details
  • Insurance information
  • Vehicle make and model.
• Document the scene:
  • Take photographs of the damage to your vehicle.
  • Capture images of the accident scene.
• Obtain witness details and any supporting photos or videos.

2. Emergency Services and Reporting:

• Dial 000 to request Emergency Services (Police, Ambulance, Fire) if necessary.
• If not done at the scene, report the accident to the police or relevant public transport authority.

3. After the Accident:

• Seek medical attention for assessment of injuries.
• Report the accident to your insurer, providing details of parties and witnesses.
• Make a TAC (Transport Accident Commission) Claim online or through the hospital if urgent medical treatment was received.

4. Legal Steps:

• Seek legal advice from a road accident injury compensation lawyer in Melbourne.
• Attend a medical assessment for an independent evaluation of injuries.
• Submit a serious injury application.
• If granted a serious injury certificate, enter the pre-litigation phase for settlement negotiations.
• If no resolution at mediation, commence legal proceedings.
• Set a hearing date for the court to determine appropriate damages.

Navigating the legal process after a car accident involves gathering information, seeking medical attention, reporting the incident to authorities and insurers, and, if necessary, pursuing legal avenues for compensation. Legal advice is essential for understanding your rights and options.