If you’re under 18 and find yourself in a difficult situation such as getting stopped by police, asked to “come in for a chat” or accused of shoplifting, it’s easy to panic. It’s important to remember that you have rights. And understanding them may be the difference between walking away or ending up with a criminal record.
Our criminal defence lawyers help young people navigate tough legal situations – like being questioned by police, facing court or getting a second chance through diversion.
Can the Police Question You Without Your Parents Present?
In South Australia, police can question a minor without a parent or guardian present under certain circumstances, but it doesn’t mean they can do whatever they want.
If you’re under 18:
- You must give your name and address and date of birth.
- You don’t have to answer other questions – you have the right to remain silent.
- You can (and should) ask to speak to a lawyer.
- If you’re under 16, police should contact your parent or guardian immediately before proceeding with questioning by the police.
You can also request a support person.
Don’t let police pressure you.
What Are Your Rights as a Minor in South Australia?
If you’re under 18, you’re protected under the Young Offenders Act 1993. Here’s what that means:
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- You have the right to silence – You’re not required to answer police questions beyond providing your name, address and date of birth.
- You have the right to a lawyer – and can (and should) consult with a lawyer before and during questioning.
- Police must treat you fairly and with respect – Police can’t interview you for more than 2 hours straight without a break
- You might be eligible for a diversion program (to avoid court)
- Youth court is private – not public like adult court
Our expert defence lawyers fight to make sure your rights are protected – in interviews, in court and everywhere in between.
What Are Your Rights If You Get Arrested?
If you’re arrested or taken in by police:
- You can stay silent
- You can make two phone calls – one to a lawyer, one to a parent/guardian
- You can ask for a support person
- Police can’t interview you for more than 2 hours straight without a break
Don’t sign or say anything until you’ve spoken to a lawyer.
Community Over Custody
South Australia’s youth justice system focuses on helping you, not punishing you. Most young people don’t end up in jail – instead, police or the court may offer:
- An informal or formal caution
- A youth justice conference
- A diversion program (includes education, counselling or community service)
These options keep your record clean, help you move on, and are often only available if you get legal help early.
What If You Get Caught Shoplifting, ‘Tagging’ or Fighting?
These are common offences we see occurring in the school holiday period for people under the age of 18.
Here’s what might happen if you’re charged for a similar offence:
- First offence? ➝ May lead to a caution or Youth Family Conference
- Second time? ➝ Possible formal caution or diversion
- Serious harm or repeat offences? ➝ Youth Court
Every case is different.
If you’re charged with an offence, it’s important that you get legal advice immediately – especially before speaking with police.
What’s a Youth Family Conference?
It’s like a meeting instead of a court appearance.
Who’s there:
- You
- Your parent or carer
- A police officer
- A youth justice worker
The goal? To sort things out, talk about what happened, and agree on consequences – without going to court or getting a criminal record.
Will You Get a Criminal Record?
Yes it is possible to get a criminal record, but it all depends on the circumstances of your case.
- If you’re diverted (conference or caution), you likely won’t receive a criminal record.
- If you’re found guilty in court, you may get a youth record – which can impact your future employment, travel or penalties if you’re charged in the future.
That’s why getting your matter resolved early is so important.
Need Help?
If you’ve been:
- Charged by police
- Caught shoplifting
- Caught with drugs
- Asked to attend a youth conference
- Worried about going to court
Call Caldicott + Isaacs today.
We’re a leading criminal defence lawyers in Adelaide, known for defending young people and keeping futures on track.
First call is free, confidential, and we’ve got your back.
FAQs About Youth Crime and Rights
What age can you be charged with a crime in South Australia?
In South Australia, the age of criminal responsibility is 10. This means police can charge you with an offence from age 10 onwards. If you’re between 10 and 14, the prosecution also has to prove you understood that what you did was seriously wrong — not just naughty or cheeky.
Can police search my backpack at school in Adelaide?
Yes, but only in certain circumstances. Police need your permission, a warrant, or a legal reason such as reasonable suspicion that you have something illegal like drugs or a weapon. School staff also have search powers, but these are more limited. You can always ask, “Am I being detained or can I leave?”
Do police need my parents there to question me if I’m 16?
If you’re under 18, police should make every effort to contact your parent or guardian before questioning. If you’re under 16, they should not interview you without a parent or support person unless absolutely necessary. You can also ask for a lawyer to be present — and you should.
How long can police question someone under 18 in SA?
Police can only question a young person for up to two hours at a time before giving a break. If the interview goes longer, you should ask for a lawyer immediately. Breaks must be offered for meals, rest and bathroom use.
Will shoplifting under $100 get me a criminal record in SA?
Not necessarily. If it’s your first offence and you’re under 18, you might be offered a caution, a family conference or diversion instead of being charged. These options can help you avoid a criminal record — but getting legal advice early is key.
What’s a youth diversion program and am I eligible?
A youth diversion program is an alternative to court that focuses on education, counselling or community service. You may be eligible if it’s your first or minor offence, you admit what happened, and you’re willing to take responsibility. A lawyer can help you apply.
What happens at a Youth Family Conference?
A Youth Family Conference is a private meeting between you, your parent or carer, a youth justice officer and police. You’ll talk about what happened and agree on a plan (like an apology, counselling or community work). If completed, you can avoid court and a record.
Can police make me unlock my phone if I’m under 18?
No. Police can’t force you to give your phone password, even if you’re under 18 unless they have a specific court order under certain laws (like terrorism or child exploitation investigations). You still have the right to silence and to speak to a lawyer first.
Do I have to talk to police or can I stay silent?
You have the right to remain silent. You must tell police your name, address and date of birth — but you don’t have to answer other questions. Say, “I want to speak to a lawyer before answering anything else.” This applies even if you’re under 18.
Can I get bail if I’m arrested under 18 in South Australia?
Yes, bail is often granted to young people unless the offence is serious or you’ve breached bail before. If you’re refused bail, your lawyer can apply for it in court. Bail conditions might include curfew, school attendance or supervision.
What’s the penalty for graffiti or tagging in SA?
Graffiti offences can result in a fine, caution, community service or a court appearance — depending on how serious it is and whether it’s your first time. If it’s on public property or repeated, the court may impose a more serious penalty.
If I’m caught with weed under 18, will I go to jail?
Unlikely for a first offence. Most underage cannabis offences are dealt with through diversion, caution or a youth conference — not jail. But repeat drug offences or supplying drugs to others can result in a Youth Court appearance and tougher consequences.
Is Youth Court public or private in South Australia?
Youth Court is private. That means members of the public and media generally aren’t allowed to attend, and your name is kept confidential. This is to protect your future and reduce the long-term impact of making a mistake when you’re young.
How many demerit points can a P-plater under 18 get before losing their licence?
If you’re on your P-plates and under 18, the rules are strict. Just four demerit points in 12 months could result in losing your licence. Offences like speeding, using a phone or not displaying P-plates can quickly add up.
Can a caution or diversion show up on a background check?
Usually no. If you receive a police caution or complete a diversion program successfully, you likely won’t have a criminal record — and it won’t show up on most background checks. But if you go to court and are found guilty, you may get a youth record.
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