What do I have to tell the police?

You have the right to silence. This applies even if you have been arrested for questioning. This means that do not have to make a statement or answer any questions, except you must give your correct name, address, and age. Not giving your name, address or age is an offence.

Remember, there is no such thing as an ‘off-the-record chat.’ If you choose to answer police questions you can choose to answer only some of the questions and not all.

It is a good idea to get legal advice before answering police questions. You can get free legal advice from the lawyers listed below. Anything you say can be used (and often is) in a police case against you.

Do I have to carry ID on me?

No… There is no law that says you have to carry ID, BUT if a police officer believes you have given a false name, address or age, they can detain you to find out who you are. If you are driving a car (including on a ‘L’ or ‘P’ plate) then it is an offence to fail to produce your driver’s licence if the police request it.

Do Police have to show their ID?

Sometimes… If a police officer is in plain clothes and they want to do something like arrest, search or make you ‘move-on’ the officer must tell you that they are a police officer and state their name, rank and station and show you their ID. If they are in uniform, they just have to tell you their name, rank and station.  If the officer does not tell you, you can ASK.

Do I have to go with a police officer?

You do not have to go with a police officer unless you are arrested, but there is a law which states you must go with them if you have witnessed a breach of the peace.

The police can arrest you to question you if they believe that you have broken or are breaking the law. If you are arrested for questioning you still do not have to answer any questions except to give your correct name, address and age. Unless the police know a lawyer has been organised for you, the police must contact a representative from a legal aid organisation and inform them before you are questioned.

When can the police take my photograph?

The police can only photograph you if you are arrested and charged. You do not have to agree to be photographed when being ‘street checked”. All police have body-worn cameras and there are rules police have to follow about how they use these cameras. All police must wear a body-worn camera while they are on-duty, and they can record you.

What rules do the police have to follow when using a body-worn camera?

• The police cannot record unclothed searches, but can record clothed searches
• The police do not have to stop recording you if you ask
• The police generally have to be in uniform, or easily identifiable as a police officer, when using a body-worm camera
• Whatever the police record can be used as evidence.
• If police have Body Worn Cameras they must record if they -
• Are investigating a crime (e.g. seizing property or searching you) or arresting someone
• Are using physical force against a person
• Believe something should be recorded (the police can also start recording after an incident occurs).

Do I have to be in a line up or give a DNA sample?

No… You do not have to go with a police officer to be in a line up or to give them your DNA even if the police say they think you have broken the law. You should talk to a lawyer before agreeing to either of these things.

Can police move me on?

Yes, if …

• You are in a public place or regulated place; and
• Police think you caused (either through your behaviour or by just being there) a certain effect on people like causing anxiety.