You have rights if you are arrested or detained by police, and there are special laws that apply if you are under 18. If you aren’t sure if you have been arrested, it’s important to (politely) ask police.
The police can arrest you if they think:
The police can also arrest you if they have a warrant (a warrant is special permission from a court).
The police have to tell you why you have been arrested. If they don’t, it’s a good idea to ask.
A police officer can use as much force as they need to arrest you or stop you escaping, but nothing more. This means that if you cooperate, the police can’t use force, but the more you resist arrest the more force police can use.
You can get into trouble just for behaving badly with police (for example by swearing or trying to escape an arrest). For this reason, it’s important not to fight, run away or argue if a police officer places you under arrest.
You can always politely ask why you are under arrest, and ask for the officer’s name, rank, badge number and police station. You can write down these details and what happened so you can get legal advice or make a complaint if you think you have been treated unfairly.
If you have been arrested because police suspect you have committed an offence, then you have a right to silence. This means you don’t have to answer police questions (except for some questions you are legally required to answer, like your personal details – see our page on interviews and questions here). Before the police can interview you, they must tell you that you don’t have to say anything.
The police also have to tell you that you can call a friend or relative to tell them where you are.
If you’re under 18, there are special rules that apply to police questioning, so it’s important that you tell the police if you are under 18 and they try to ask you questions. For example, police officers must:
If you’re under 18 and have been charged with a serious offence, police officers must also give you access to legal advice and representation in a private place and allow a friend, relative, responsible adult or other support person to be there with you during the interview.
If you are arrested, the police can keep you for a reasonable amount of time to investigate and ask you questions about a crime they think you have committed.
If you’ve been arrested or are in custody for another legal reason, then police can search you.
There are laws about how police searches must be done. For example, police can only ask you to remove your clothing if they think this may provide evidence of a crime. If possible, searches should also be carried out by a person who is the same sex as you.
If you don’t cooperate with a search, the police are allowed to use reasonable force to make you do so. This means that if you cooperate, the police can’t use force, but the more you resist a search the more force police can use.
The police force can also ask a medical practitioner or dentist to carry out an “intimate procedure” on you, which may involve things like an examination of your body, taking blood or urine samples, taking x-rays of your body and taking photos of your private parts. The police can only request this procedure if they have either special permission from the court or your consent, and only if they think that it will provide important evidence for a serious crime.
If they have special permission or your consent, a senior member of the police force can also carry out a “non-intimate procedure” on you, which includes things like examining or taking photos of parts of your body (other than your private parts), taking your fingerprints and taking a sample of your hair (other than your pubic hair). They can only do this if they think that you have committee a serious crime or you have been charged with a serious crime.
There are some more laws about how police can conduct searches on people who are under 18. For example:
If you are an Aboriginal or Torres Strait Islander person, the Police must contact the Custody Notification Service provider to let them know you are in custody and allow you to speak with a solicitor. The Custody Notification Service operates 24 hours a day 7 days a week.
If you are an Aboriginal or Torres Strait Islander person and need help or support for a dealing with police, you can call the North Australian Aboriginal Justice Agency (NAAJA) on 1800 898 251. For a full list of Aboriginal Legal Aid Services, see this website.
If you are under 25 and have questions about police powers, you can get help here. You can also call the Northern Territory Legal Aid Helpline on 1800 019 343.
Want to read more? You can check out these resources on the Northern Territory Legal Aid Commission website.
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.
Get help now