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this is the first of three videos which go with the book: the book is about dan, who has an intellectual disability and hannah, who helps dan makes decisions about everyday things. the book guides dan and hannah through the criminal justice process in queensland. this first video explains what dan and hannah should do, and should not do, if the police think dan has committed an offence and want to talk to him about it. this books should help you to be prepared before something happens and the police are involved, rather than later when you might find yourself in more trouble than you need to be

the first contact from the police will probably be: a phone call to hannah, a knock on the door, talking to dan on the street, or at the scene. the police might say: dan go to the station. dan come back to the station with us. hannah, we have dan here at the station. hannah, bring dan to the station. hannah, we want to have a chat with dan.

hannah, we want dan to help us with our investigations. hannah, we want to charge dan or anything in between hannah, if the police say dan has to go, it could mean: he has to go now otherwise they will just come and get him now; or he can come at a time that is convenient to police, dan, and to you, but he must come. tell the police you will be coming with dan because of his disability.

hannah, if you make an appointment for another day, don’t leave dan by himself you could ask a friend to come and sit with dan or preferably send him to respite care, to visit a friend, or stay with a relative. tell whoever is in charge of dan about the police appointment and that you don’t give permission for dan to go to the station at any other time.

hannah, before you take dan to the station, try to find out: do the police intend to charge dan? how serious is it, or what are they saying he has done? will dan be allowed to come home afterwards? hannah, try to get a lawyer for dan the legal aid lawyers probably won’t be to help dan at this stage. even if dan can only afford to pay a private lawyer for a short time, or for a small amount of work, this is the time to do so. find a lawyer who already knows dan, otherwise

one who specialises in criminal law and also does legal aid work. ask the law firm if they are a “legal aid preferred supplier” and if so, ask for a quote: for a lawyer to go with you and dan to the police station; or for advice about the incident and any steps the lawyer can take before dan goes, or instead of dan having to go to the station. if dan can't afford a lawyer, try to find an advocate or a friend to go with him, someone who is prepared to stick up for him

and has some understanding of police procedures. hannah, what you should bring with dan to the station: bring the things that dan would need to take on an overnight stay, such as: medication a sample in the chemist’s container with a clear description of meds and dosage; a list of dan’s special dietary requirements and any allergies; comfortable clothes, personal hygiene products; a comfort object:

his favourite book, soft toy, blanket, rug, beanie, or clothing. and last but not least... printed background information about dan’s diagnosis, or his condition or syndrome. even something like a wikipedia printout is better than nothing; and, a copy of dan’s latest assessment of capacity, or level of impairment and that's even if it dates back to school years. hannah and dan, before you go into the station, work out some rules to keep to once you are inside: dan, the police may not be sure if you have broken the law.

they may say that “any statements you make might be used as evidence against you.” and this is their way of warning you that if you talk to them you might say something that makes them pretty sure you have broken the law and then they can charge you. if you need help to make decisions about everyday things such as what socks to wear then of course you can’t decide if you should talk to the police or what you should say. dan your rule would be:

that you don’t answer questions or talk to police about the things they say you have done. hannah, some rules for you would be: and you will give dan a signal, say: a finger across your lips, hand stop sign, nudge his arm, if he does start talking to police. dan, if you are at the station by yourself, just tell police: that you don’t want to talk to them or answer any questions; that your carer hannah usually helps you make decisions, or makes decisions for you; that hannah will be waiting for you to come home; and you want hannah to come and look after you now.

now dan, this is important, while you are inside the police station: you have to do what the police tell you to do. you do have to give police your name and address. you don’t have to talk about anything else. if they ask you about the thing they think you have done, then just say “no comment.” dan - if you are charged with an offence if the police think they have enough proof that you have broken the law, they may decide to charge you, which means that they want you to go to court.

there are a few different things that might happen if you are charged, the police may: they may give you a “notice to appear” and an "identifying particulars notice”, then let you leave; they may give you police or watch house bail, then let you leave; or, put you in the watch house. the notice to appear has got details ofthe law police say you have broken, which court you have to go to, and the time and date to go there. so it's important you don't lose it identifying particulars notice the identifying particulars notice says you have to go to another police station

so they can take your photo, fingerprints, and maybe a sample for dna testing. you will have to go to the station within a certain time, it's usually a week, and if you don’t go, police might add on another charge and say you are unreliable. police or watch house bail if police want to issue bail it’s usually because they want you to do, or not do, certain things in future, as well as go to court there are lots of different types of conditions the police can make,

and it’s important that you understand them and will be able to keep them. there’s no use for you to agree to go to a police station if you have no way of getting there. if the policeman says to you: “well, you either agree to these bail conditions or we keep you in the watch house.” then agree to them, but later tell your lawyer how difficult it is to keep to those conditions.