Police

When talking to police, it is important to be respectful and remember they are doing an important job in the community, stay calm and polite. Be firm about your rights.

Anything you say to police, no matter when or where you say it, may be used by them. What you say may determine if police decide to arrest you, charge you or use this as evidence against you in a court of law.

You have the right to remain silent, you do not have to answer questions except questions about your name and address.

The police may request you give your name and address because

• You have broken the law or about to break the law or
  
• You are able to assist them with information about an indictable offence (serious offence) which has been committed or suspected to have been committed.

The police should provide you with an explanation as to why they are asking your name and address, if they do not give you a reason ask for one.

Police can demand your name and address without giving you an explanation if you are driving a motor vehicle, traveling on pubic transport or present in a hotel or licenced premises.

It is an offence if you supply a false name and address to a police officer. You can request the police officer supplies their name, rank, station and identification number in writing.

Being Arrested

Police can arrest you if they reasonable suspect you have committed an offence and broken the law.

If you believe you are in police custody, always ask –

“Am I under arrest?” and “What am I under arrest for?”

Before police question you formally once you have established you are in custody, they must allow you to contact a legal representative or solicitor in private.

You are also permitted to contact a friend or relative to inform that person of your whereabouts. Police do not have to give you these rights if they believe:   

• Someone else involved in the crime may escape
• Evidence may be lost or destroyed
  
• Other people may be placed in danger

If you are under 17 years of age, the police must contact your parent or guardian and request they are present with you before they commence questioning. If your parents or guardian are unavailable or unable to be contacted the police must arrange an independent third person be present during questioning.

Once again if police believe, someone may escape or get away, evidence may be lost or destroyed or other persons are in danger they do not have to wait for a parent or guardian or third party to be present before questioning you.

The independent person’s role is to make sure you and the police understand one another and you now your rights.

You should always seek legal advice before answering questions from police or giving a statement.

If you believe you have been mistreated or police have acted unfairly you can make a complaint to the Officer in Charge at the Police Station before leaving or the Ombudsman.    

(Crimes Act 1958 - Sect 456AA)
Requirement to give name and address

(1) A member of the police force may request a person to state his or her name
and address if the member believes on reasonable grounds that the person-

   (a)  has committed or is about to commit an offence, whether indictable or
        summary; or

   (b)  may be able to assist in the investigation of an indictable offence
        which has been committed or is suspected of having been committed.

(2) A member of the police force who makes a request under subsection (1) must
inform the person of the grounds for his or her belief in sufficient detail to
allow the person to understand the nature of the offence or suspected offence.

(3) A person who, in response to a request made by a member of the police
force in accordance with this section-

   (a)  refuses or fails to comply with the request; or

   (b)  states a name that is false in a material particular; or

   (c)  states an address other than the full and correct address of his or
        her ordinary place of residence or business-

is guilty of a summary offence.

(4) A person who is requested by a member under subsection (1) to state his or
her name and address may request the member to state, orally or in writing,
his or her name, rank and place of duty.

(5) A member of the police force who, in response to a request under
subsection (4)-

   (a)  refuses or fails to comply with the request; or

   (b)  states a name or rank that is false in a material particular; or

   (c)  states as his or her place of duty an address other than the name of
        the police station which is the member's ordinary place of duty; or

   (d)  refuses to comply with the request in writing if requested to do so-
is guilty of a summary offence.

Request Name, Rank, Work Location of the Police Officer:

If you have been requested by a member of the police force to state your name and address, you may request the police officer to state his or her name, rank and place of duty – be mindful to be respectful.

If you have been placed in Custody by Police

If you are taken into custody always ask the police officer “Am I under arrest?” and “what for?” If you have a clear explanation of your innocence it may be best to give it, although you should speak with a lawyer first.

Police must allow you to telephone a lawyer and friend or relative from a private space before any formal questioning begins.

You can ask the police to contact the Telephone Interpreter Service on 13 14 50 this is a free service which operates 24 hours a day, 7 days a week. This service will provide an interpreter in the language you speak to enable you to communicate with the police.

If you are under the age of 18 years the police must arrange a parent, guardian, or independent adult be present before they commence questioning.

   

 

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