Police powers and my rights

If you are under 25, you can contact us for free and confidential legal advice about this topic here. 

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. 

I have come into contact with the police. What should I do? 

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, and 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. 

Do I have to tell the police my details?

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:    

• police reasonably believe you’ve committed a crime2 or you are about to break the law
• police reasonably believe you may be able to help with an investigation into a crime
• police reasonably believe you’re carrying an illegal weapon 
• police reasonably believe you’re carrying something on you that could be used to do graffiti 
• You’re driving a vehicle. 

In general, if you are unsure, it’s 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 name and address and show your ID when legally required, 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 them. 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. 

Questions and Interviews

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.

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 or detained for questioning, and police should make this clear. 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. 

Before the police begin to interview you, they must tell you that you can call a friend or family member and a lawyer. 

If you are under 18, and in police custody, in general police must make sure a parent or guardian, or another independent person is present, and that you have been able to talk with them privately first.

Can the police tell me to move on?

In some situations, the police can ask you to leave a certain area for up to 24 hours. This is called being told to ‘move on’. You can be told to move on by the police if they have a reason to think you are:  

• disturbing or likely to disturb the peace;  
• acting in a way that may be dangerous to public safety;  
• behaving in a way that is likely to cause injury or damage to property or people.  

It is an offence not to follow a direction to move on given by police.

Can police search me?

In most cases, police need a warrant (which is a written order from a judge) before they can enter a specific 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 agree, or if they think you have: 

• illegal drugs in a public place;
• weapons, like guns or knives; 
• something to inhale an illegal drug with (like a bong) and you are under 18; 
• something used to graffiti (like an aerosol paint spray). 

It’s important to remember that you don’t have to consent to a search.  

The police can also search you without a warrant if you have been arrested and they think that you might have: 

• Evidence of a crime; 
• Something that might cause harm to a person or property; 
• Something that might help you escape. 

There are also laws about what police can do when they are searching you. For example, unless they have a good reason, police must generally: 

• tell you if you need to take off any clothing, and the reasons why;  
• give you privacy when they search you, and do it quickly;  
• do the least invasive search possible 
• make sure you have a parent or guardian with you (or another independent person if you prefer) if you are under 18. 

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?” The police officer must tell you why they want to search you. 

The police have taken my things. Can they do this? 

If you are under 18, the police can take and keep any alcohol that they think you’ve been drinking in public. A police officer may also confiscate anything that belongs to you if: 

• they think it’s a weapon; 
• they have a warrant; 
• you are carrying an illegal drug. 

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.  

Charter of Human Rights and Responsibilities

All people in Victoria have a number of basic rights. These rights must be respected by police at all times, including if you are being searched or questioned, or have been arrested. These include: 

• the right to recognition and equality before the law (including the protection from discrimination); 
• the protection from cruel, inhuman and degrading treatment; 
• the right to privacy; 
• if you are a child under 18, the protection of your best interests; 
• the right to practice your culture and religion, and use your language; 
• the right to humane treatment when you are deprived of your liberty (for example, when you are in police custody); 
• the right to your property. 

Need more help?

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. 

If you are over the age of 25 can contact Victoria Legal Aid on 1300 792 387, Monday to Friday, 8 am to 6 pm. 

You can also check out find more information about police powers and your rights here on the Victoria Legal Aid website.