Saying “No” to a police officer should be done gently to avoid enraging them so you do not handled more roughly. Saying “No” to a warrantless search may cause a police officer to harass you further to try to get you to comply.
Fines range up to $1250, depending on the state (South Australia is the harshest!), while in Victoria or Queensland there are penalties up to six months jail time. In short, then – do yourself a f##king favour – don't curse at a cop.
Whether they question you as a witness or a suspect, you do not have to answer any other questions. You have the right to be silent. If the police officer tells you that you are breaking the law by refusing to tell them information, ask to speak with a lawyer.
You should be advised that you have the right to remain silent. This means that you do not have to answer any questions that the police ask you, and that your silence cannot be used as evidence of your guilt.
Is it legal to film police? (filming police) You have a legal right to film in public. Therefore, you can film or take photos of police when they are performing their duties if they are in public.
If the police suspect your mobile phone holds evidence to a crime, they can apply to a magistrate for an order pursuant to section 3LA of the Crimes Act 1914 (Cth). The order will stipulate that you must disclose the mobile phones password. Any failure to comply with the order will have consequences.
Section 28A of LEPRA gives the police power to take “anything found” from searching you, including your phone, after you've been arrested, and during the time you are in lawful custody of police. This is a very broad power because it says “anything”.
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
Do I Have a Right to Silence While Being Arrested in NSW, Australia? While Australian police officers are not obligated to recite the Miranda Rights, nor does Australia even have a comparable version of them, Australians do have a fundamental legal right to silence.
You should not be interviewed if you are intoxicated, sick, injured or hungry. Once the police have cautioned you, they can proceed to ask you questions. You may remain silent or say 'no comment' in response to these questions.
Police can enter private property, the police are permitted to come as far as the front door without invitation, like anybody else, but once it is made clear that they are not welcome then they must retreat to the outer boundaries of your property.
How long can police hold evidence without charges in Australia? The law has no provisions that set a deadline for giving the property back. Instead, it states that police can keep items for as long as reasonably necessary. In practice, police officers must retain seized property within a short delay.
Police are allowed to enter premises if a breach of the peace is being committed and it is necessary to enter in order to end or prevent the breach of the peace. They are also allowed to enter if a person has suffered or is in imminent danger of suffering significant personal injury.
The maximum penalty for using language that is deemed offensive in New South Wales and Western Australia is $660 and $500 respectively, while in South Australia, the laws are considerably harsher with the maximum penalty for using abusive language in public ringing in at $1,250 or three months' imprisonment.
Swearing: Swearing is more common in Australia than in many other cultures. Television programmes are less censored and mainstream society is largely desensitised to words that foreigners may find vulgar. It is normal to hear an Australian swear at some point during a conversation.
Behaviour that is unlawful in public
The laws about behaviour in public relate to things like: making graffiti. behaving in a way that causes offence to other people, like racial vilification, swearing and using obscene language or exposing your genitals.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
In Australia, there is a fundamental common law right to silence, which means that you cannot be compelled to incriminate yourself. The prosecution carries the burden of proving the allegations against you 'beyond reasonable doubt'. If the prosecution fails, the accused will be acquitted of the charge(s).
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
What is the right to silence? The privilege against self-incrimination relates to, but differs from, the 'right to silence'. In Australia, the privilege against self-incrimination does not hold absolute and there is 'no free-standing or general right of a person charged with a criminal offence to remain silent.
Also unlike the US, there is no plea of 'no contest' in Australia – defendants must choose whether to plead guilty or not guilty to criminal charges.
The right to remain silent when one is suspected of a crime is a basic common law right. It includes the right to decline to answer questions when interviewed by the police as well as the right to choose not to give evidence when being tried by a court.
What is the Penalty If I Refuse to Give Police My Password? It is an offence for a person subject to a digital evidence access order to refuse or fail to provide their phone or computer password, without a reasonable excuse, or to provide false or misleading information, whilst purporting to comply with the order.
Law enforcement may also tap your phone using “tap and traces” or “pen registers,” which don't require a wiretap order. These methods don't record actual conversations, only the phone numbers associated with the line. Tap and traces record the phone numbers calling a specific phone line.
Essentially, police vehicle searches are only lawful when the police have a valid search warrant, the driver's consent, or when there are reasonable grounds to suspect that there is evidence of criminal activity in the vehicle.