Under Arrest
The police are there for a really good reason. To protect people and their property - including you and yours. So why be scared of them or rude to them? It pays to know your rights and be respectful if the police approach you. Mutual respect is the key.
If you are approached by the police at any time, don't immediately go onto the defensive. The answers you give the police may decide whether or not they arrest or charge you.
Remember:
- You don't have to answer questions, but you must give your correct name and address if asked. The police have to tell you why they want your name and address.
- If you decide not to answer questions, don't answer any. You will invite suspicion if you respond to some questions and not others.
- The police are allowed to ask you for your correct name and address if: they think you've broken or are about the break the law; they think you can provide information about a probable crime; you are driving a car, motor bike or push bike; you are on public transport or public transport property; you are in a pub or licensed premises; or you are being granted bail.
- You don't have to go anywhere with the police unless you agree to except: when you've been arrested; or when they think you need protection.
If you do get arrested, you're allowed to telephone a friend, relative or lawyer before any formal questioning. You don't need to answer any questions until you do so. The police can only refuse to let you contact someone if they believe they need to question you as soon as possible, before someone else gets away or evidence is lost or tampered with. When being questioned by police an independent person is required to be present. If you are under 16 years of age your parent / guardian must be present, or someone approved by your parent / guardian. If you are 16 or over, you can choose who you have present during the interview process, ie friend, boss etc.
They are also required to caution you about your rights (including your right to contact a friend, relative or lawyer, if you want to, before answering questions).
If you believe the Police have treated you unfairly you can contact the NSW Ombudsman to make a complain against them.