warn them that they are making things worse for themselves if they are lying and sending the police on a wild goose chase. If it was not X, or if X is likely to say that he was also involved, then better to just say no comment. If the child is disputing the allegations and says that they have an alibi: reality test them on the alibi, pointing out that defences on this basis are rarely successful advise them to say at the beginning of the interview ‘on legal advice I want to say that I had nothing to do with this, I was actually with Y at Z address and I wish no make no further comment’ then answer all questions no comment warn them that they are making things worse for themselves if they are lying and sending the police on a wild goose chase. If they were not with Y, or if Y is likely to break down under pressure from police, then better to just say no comment. Concluding the interview Advise the client about interview procedure: police will tell them their rights and they will need to repeat these back in their own words police will ask their name, address and date of birth – answer these questions police will ask that they confirm the time – do this police will then launch into questioning – this is when to say whatever has been discussed if answering no comment then say no comment to every question – picking and choosing questions to answer can make things worse. Also advise the client about what may happen after the interview: fingerprinting caution, release with summons pending or bail if bail – what this means especially about failure to appeal if remand – advise them about the bail justice process and the court processes including any possible forensic sample application. Remind the client that they have the right to stop the interview and say that they need to speak to you again if they need more advice. Also let the client know how to get in touch with you afterwards to arrange legal representation (or how to contact someone else if you can’t act). They won’t have a pen and paper so give them a few key words to google. Alternatively, you could get permission to speak to their independent person to make a note of contact details to give to them. Conclusion If there are any questions about the information contained in this guide, please contact the author Suzanne Bettink in person or by email at .
Acknowledgments Thanks to the then Youth Crime Managing Lawyer Jeremy Cass, Senior Lawyer Pam Barrand (YRIPP legal advice roster co-ordinator) and Professional Support Lawyer – LawGuru Helen Askew for their assistance in the preparation of the previous version and Youth Crime Program Manager Anoushka Jeronimus for her assistance with the preparation of this guide. Resources Most resources are available on the VLA website at > > > . ‘KC’ codes refer to VLA’s precedent numbers applicable to in-house lawyers. Precedents and resources that are not on the website are available to private practitioners on the section 29A panel – contact the author Suzanne Bettink by email at . Guide to representing children in the Criminal Division of the Children’s Court: assessing capacity and taking instructions from very young, traumatised and/or intellectually disabled clients by Suzanne Bettink Working with young offenders in the Children's Court: a practical guide to running an effective doli incapax matter by Youth Crime Program Manager Anoushka Jeronimus and Senior Public Defender Julia Munster Fitness to stand trial and mental impairment in the Children’s Court: representing potentially unfit and/or mentally impaired children by Julia Munster, Danielle McKeown and Michael Sharkey KCCRM5010 Record of instructions – pre-interview advice KCCRM5020 Record of instructions – duty lawyer advice KCCRM5050 Record of assessment of capacity KCCRM5090 Record of assessment of doli incapax KCCRM5080 Record of assessment of mental impairment