You have rights when dealing with the police, and there are laws that say how police can use their powers. It is a good idea to find out why the police want to talk to you before you answer their questions and to always stay polite and respectful, even if you think you are being treated unfairly.
If you want to find out more about the laws around police arrests, check out our webpage here.
The police can approach and talk to you at any time. If you come into contact with the police, it’s a good idea to make sure you stay calm and respectful. We know dealing with police can be intimidating or scary, especially if you have had a bad experience in the past. But being aggressive or violent with police will probably make things worse, even if you have done nothing wrong. Resisting arrest by using physical force or running away, or threatening a police officer, are serious crimes.
If you feel like the police are treating you unfairly, it’s usually best to go along with it, and then get legal help. It’s a good idea to take notes of what’s happened on your phone so you can make a complaint later, and if you feel unsafe, ask police if you can contact an adult you trust.
In some situations, you must give personal details (like your name, date of birth, address and identification) when asked to by police. For example, if:
In general, if you are unsure, it is a good idea to give the police your name and address and show them your ID when asked. It’s against the law to refuse to give your personal details and show your ID when legally required (without a good excuse), or to give police a fake name or address.
If you think the police don’t have a good reason to ask for your details, you can politely ask police why they need your personal details. You can also ask for their name, rank, and place of duty. The police, by law, have to tell you this information. It’s a good idea to write this down so you don’t forget.
It is important to remember that you have a right to silence when talking to the police. This means that apart from giving your name and address in some situations, you do not have to answer any of their questions, even if you have been arrested and taken to a police station.
A police officer can ask you questions to find out who was driving, or who was the owner of a car at a particular time, or questions about firearms. It is an offence not to answer these questions, or to give false information, without a good excuse13.
If police ask you to go to an interview, we recommend you speak to a lawyer before you decide how you will respond. You generally can’t be forced to go to a police interview unless you are under arrest. If the police ask you to go to the station with them, it’s a good idea to ask if you’re under arrest. If you aren’t, you don’t have to go.
It’s really important to remember that anything you say to police in an interview could be used in evidence against you.
The police have the power to give you a ‘reasonable direction’, which sometimes includes the power to direct you to leave a certain place. For example, police can give you a direction if you are in a public place and they believe you are:
It is an offence not to follow a direction without a reasonable excuse.
In most cases, police need a warrant (which is a written order from a judge) before they can enter an area and search you, your car or your house. However, the police can search you without a warrant in some situations, for example if you consent, or if they think you have:
It’s important to remember that you don’t have to consent to a search. If you don’t consent, police will need another legal reason to search you. There are also special laws that apply to people who are being searched while they are in police custody (under arrest). You can find out more here.
If police can legally search you, and you don’t cooperate with the search, they can use reasonable force to search you. Not cooperating with police (for example by trying to stop them doing a search) can also be an offence. For these reasons, it’s a good idea to cooperate during a search, although you can still ask questions such as “can you tell me why you’re searching me?”, and politely tell police that you don’t agree to the search. The police officer must tell you why they want to search you.
If you are under 18, the police can take and keep any alcohol that they think you’ve been drinking in public and also any cigarettes or e-cigarettes they find on you. Police also have powers to confiscate other things, including firearms in some circumstances.
If the police take something of yours that you think is legal for you to have, you can ask the police for it back. If the police do not return it to you, you probably will need to go to court to ask for it back.
If you are under 25 and you have questions about your rights with police, you can contact us for free and confidential legal advice, here.
You can also check out Legal Aid NSW webpage on police powers here and you can ring LawAccess on 1300 888 528 (Monday-Friday, 9am-5pm, excluding public holidays).
If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below.
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