Kells

What are Your Rights with the Police?

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  • Know Your Rights

    •  You have the right to remain silent.

    •  You have the right to be told if you are under arrest and the reason for it.

    •  You have the right to speak with a lawyer as soon as possible after being arrested.

    •  You have the right to have a support person with you if you are under 18 and being searched by police.

    •  You have the right to be strip searched in private, as quickly as possible and by someone of the same sex as you.

  • Protecting your Right

    Maintain your right to silence:

    •  Police can request your name and address.

    •  You have the right to remain silent to any other questions.

    •  Ask police if you are under arrest or are you free to leave. 


    The police need to say the following when they arrest someone:

    •  Their name, rank and station;

    •  That you are under arrest;

    •  Why you are under arrest.


    If police want to search you:

    •  Don’t consent. 

    •  Politely ask Police why searching you is necessary. 

    •  Request police make a note that you ‘do not consent to this search’.

  • Talking to Police

    Remain calm and don’t carry on.

    •  It is important to remain calm and cooperative when interacting with Police as you don’t want to fail the ‘attitude test’ and be charged with additional offences:

    •  Remember police are only doing their job

    •  If police stop you and speak with you - ask the police if you are under arrest or are you free to leave.


    If you are under arrest – you are only required to provide your name and address:

    •  Anything you say or do may be used against you in court.

    •  If police ask you questions the easiest thing to say is “no comment”.

    •  You cannot be punished for remaining silent. 


    If Police intend to search you:

    •  Ask – what grounds do you have to search me? 

    •  Ask – why is the search necessary?

    •  Say – I do not consent but I will comply.


  • When can police search

    Police must suspect on reasonable grounds that you are in the possession of: 

    •  Prohibited drugs.

    •  Something stolen or illegal;

    •  Something that has been used or is to be used in relation to an offence.


    A positive indication from a sniffer dog is not sufficient by itself to form a reasonable suspicion.


    There are two types of searches:

    •  General search or ‘frisk’ search 

    •  Strip search


    Police can search anything in your possession however they cannot make you unlock your phone if its password protected.


    A police officer may carry out a strip search if the search is necessary and the that the situation is serious and urgent enough for the strip search to take place


    If Police intend to search you

    • Ask – what grounds do you have to search me?

    • Ask – why is the search necessary?

    • Say – I do not consent but I will comply 


  • What must police do during a search

    •  Tell you the reason for the search 

    •  Tell you if you will be required to remove clothes 

    •  Complete the search in a private area and as quickly as possible 

    •  Ensure the officer is of the same sex as you and not conduct the search in front of anyone of an opposite sex

    •  Only conduct the search in the presence or view of any officer who is required to be there 

    •  Allow you to get dressed as soon as possible

  • What can’t police do during a search

    •  Touch your body

    •  Search any cavity except your mouth

    •  Ask you questions while you are being strip searched

    •  Request you squat and cough

    •  Make you unlock your phone if it is password protected


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Franca Parolin

Patrick Schmidt

criminal lawyer

pschmidt@kells.com.au +61 2 4221 9311 - 0410 593 059

Having represented the State in all types of criminal cases as well as having experience working as a police officer, Patrick knows both sides of a criminal trial and uses this knowledge to help his clients best.

Franca Parolin

Justine Hall

CRIMINAL LAWYER

jhall@kells.com.au +61 2 4221 9311

Justine represents people charged with any criminal or traffic offences and has experience in appearing in the Local and District Court on a range of matters, as well as offering legal advice to clients at all stages.

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