2/21/2020 Know Your Rights in NSW

1800 994 279

Know Your Rights in NSW

2 5 M AY 2 0 1 6 | W R I T T E N B Y A L LY S H A M E R R E T T
( H T T P S : / / W W W .T U R N B U L L H I L L . C O M . A U / A R T I C L E S / A U T H O R / A L LY S H A M E R R E T T/ ) | PERSONAL
L AW ( H T T P S : / / W W W .T U R N B U L L H I L L . C O M . A U / A R T I C L E S / C AT E G O R Y/ P E R S O N A L / ) , C R I M I N A L
L AW ( H T T P S : / / W W W .T U R N B U L L H I L L . C O M . A U / A R T I C L E S / C AT E G O R Y/ C R I M I N A L / )

1800 994 279 (tel:1800 994 279)

This information is general information only. If you are contacted by the

police immediately contact our Criminal Law
(https://www.turnbullhill.com.au/services/criminal-law/) team.

POLICE POWERS TO DEMAND NAME AND

ADDRESS
In most situations you do not have to tell the police your name and
address. However, you must tell the police your name and address in some
situations, including:

1. if police suspect on reasonable grounds that you may be able to

assist them to investigate a serious o ence because you were at or
near the scene of the o ence;
2. if police intend to give you a direction to leave a place;

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3. if police suspect on reasonable grounds that an apprehended

violence order (https://www.turnbullhill.com.au/services/criminal-law/avo-
apprehended-violence-orders/) has been made against you;
4. if you are under 18 and police suspect you of carrying or consuming
alcohol in public; 1800 994 279
5. if you are suspected of committing certain types of o ences on
public transport;
6. if police are trying to serve a ne default warrant;
7. in situations relating to vehicles and tra c.
(https://www.turnbullhill.com.au/tra c-law-common-o ences-and-penalties/) In
situations involving vehicles and tra c, you usually have to show the
police your licence if you have one.

If in doubt, politely ask: ‘Will I commit an o ence if I don’t answer?’. Unless

police say yes, do not answer the question. If police say yes, answer the
question.

You can ask police whether you have to give them your ID.

If you are arrested, police can take photos and ngerprints to nd out who
you are.

POLICE POWERS TO SEARCH YOU

Police can stop and search you (including your car or possessions) if:

1. you agree; or
2. you are under arrest or in custody; or
3. they have a search warrant, which they must show you if you ask; or
4. police suspect on reasonable grounds that you are carrying stolen
goods or something about to be used in a serious crime (e.g. weapon);

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or
5. police suspect on reasonable grounds that you have (on you or in your
vehicle) a prohibited drug (https://www.turnbullhill.com.au/services/criminal-
law/drug-o ences/); or
1800grounds
6. police suspect on reasonable 994 279 that you have a knife or a
“dangerous implement”.
7. if your car belongs to a “class of vehicle” that police suspect on
reasonable grounds is, was or may have been used in connection with
a serious o ence.

Police may search you without any reasonable suspicion if you consent
(agree) to being searched. Police will often ask “would you mind emptying
your pockets?” or “have you got anything on you that you shouldn’t have?”.
If you agree to the search police do not need to have reasonable grounds
to carry out the search. If you do not consent it may be illegal for police to
search you.

If in doubt, politely say: ‘If I have a choice, I don’t want to be searched, but I
will cooperate if I have to’. If police say you have to, cooperate with police. If
police ask you again if you consent, say no.

If police are going to search you, they should:

1. tell you why they are searching you, and the name and station of the
person searching you;
2. usually get a person of the same sex as you to do the search; and
3. not make you remove any clothing (except outer clothing, like a jacket)
unless they have good reason to suspect that it is necessary and
urgent, so that they have to strip search you.

Police can ask you to shake your hair and open your mouth.

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If police do a strip search, you are entitled to as much privacy as police can
give you in the circumstances.

Police can search you again at the police station if you are arrested.
1800 994 279
THE RIGHT TO SILENCE
If you are being arrested you have a right to silence.

This means you don’t normally have to answer questions about what you
did or where you were at any time, sign anything, or give an interview. For
some o ences, police can administer a ‘special caution’ but only if:

1. you have had an opportunity to obtain legal advice from a lawyer and
2. then you are given the ‘special caution’ in the presence of your lawyer.

The e ect of the ‘special caution’ is that if you then fail or refuse to tell
police a fact that is later relied on in your defence in court, it may permit the
court to use your silence against you. If you are not represented by a
lawyer or if your lawyer is not present when police speak to you, this
provision does not apply.

The police may ask you questions at any time, but in most situations
(except those noted above), you do not have to answer any police
questions.

The police have no power to stop or detain you just to ask questions.

If you are suspected of a crime, it is usually not in your best interests to

answer police questions, as your answers could be used as evidence
against you.

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Don’t answer any questions or sign any statement until you get legal
advice.

POLICE POWERS IF1800

YOU994
ARE279
ARRESTED
Police should tell you why they are arresting you and if they don’t, ask them.

If you are arrested, don’t argue or resist.

Unless you have been arrested and you have obtained legal advice do not:

1. go with the Police to a Police Station; or

2. take part in a recorded interview; or
3. provide a statement; or
4. take part in a recorded refusal to provide an interview; or
5. take part in a Police line-up; or
6. provide a handwriting sample.

When you are taken to a police station you will be given a document which
sets out your rights.

If you are arrested you are entitled to and should immediately ask to
telephone an experienced criminal lawyer.

IF YOU ARE CONTACTED BY THE POLICE…

The onus is on police to prove a person’s guilt beyond reasonable doubt.
While it is normal human nature to try and defend an allegation, especially
where you believe the allegation is untrue, it is extremely important that you

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2/21/2020 Know Your Rights in NSW

do not inadvertently provide police with information which may be used

against you.

Unfortunately, because people are unaware of their legal rights and due to
the stressful nature of being1800 994by279
questioned police o cers in an unfamiliar
environment people can often say things to police which can inadvertently
signi cantly decrease their prospects of success of successfully
defending a matter when it comes before the court.

If you have been contacted by police always contact an experienced

criminal lawyer to obtain advice prior to answering any questions. Quite
often we can liaise with police on your behalf to discuss any questions they
may have and if necessary arrange for you to attend upon a police station
in a controlled manner to the police are not required to attend upon your
home or place of employment.

A court will never say that you are guilty because you did not answer a
police o cer’s questions. It is your right not to answer questions.

TA G S : C R I M I N A L L AW ( H T T P S : / / W W W .T U R N B U L L H I L L . C O M . A U / A R T I C L E S / TA G / C R I M I N A L -
L AW/ )

1800 994 279 (tel:1800 994 279)

Related Services

Criminal Law

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2/21/2020 Know Your Rights in NSW

Criminal Law

(https://www.turnbullhill.com.au/services/criminal-law/)

Break and Enter

1800 994 279
(https://www.turnbullhill.com.au/services/criminal-law/break-and-enter/)

AVOs Apprehended Violence Orders

(https://www.turnbullhill.com.au/services/criminal-law/avo-apprehended-violence-orders/)

A ray and Public Violence

(https://www.turnbullhill.com.au/services/criminal-law/a ray-public-violence/)

Firearm O ences

(https://www.turnbullhill.com.au/services/criminal-law/ rearm- rearms-o ences/)

Hinder an Investigation

(https://www.turnbullhill.com.au/services/criminal-law/hinder-an-investigation/)

Malicious Damage to Property

(https://www.turnbullhill.com.au/services/criminal-law/malicious-damage-to-property/)

Larceny and Stealing

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2/21/2020 Know Your Rights in NSW

(https://www.turnbullhill.com.au/services/criminal-law/larceny-stealing/)

1800 994 279

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