If they do not have a lawful reason to ask for your identification, then you do not have to disclose it. Police must also advise you of the consequences of failing to comply with their request. If they are in plain clothes, they must also produce identification to prove that they are in fact a police officer.
When pulled over by the police, you will likely be asked some simple questions, such as: – Where are you going tonight? – Do you know how fast you were travelling? It is important to know that you are not legally obligated to answer any questions asked by a police officer, aside from their request to identify you.
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.
The statement, which even many Australians will know off by heart, essentially reads as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
Suing for compensation and damages
You may be able to sue Victoria Police for compensation and damages if you believe you suffered a genuine wrong by the police officer. You will need evidence of your suffering and loss. These cases are usually very serious. Get legal advice as soon as possible after the incident.
Under the Crime and Corruption Act 2001, police are subject to external oversight in relation to corrupt conduct and police misconduct. Police misconduct is any behaviour by a police officer that: is disgraceful, improper or unbecoming of a police officer. shows unfitness to be or continue as a police officer.
The most common state claims brought against police officers are for false arrest, false imprisonment, malicious prosecution, and use of excessive or unreasonable force.
In general, you have the right to silence. This means that you do not have to answer any questions the police ask you. It can be a good idea to use this right, because what you say to the police, no matter when or where, could be used against you.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
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.
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”.
The penalty for not giving your ID to police is a fine of $220. This contained in section 12 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The same penalty applies if you provide police with a false name or address.
A police officer can enter a place to prevent an offence, injury, damage or domestic violence. This law applies if there is an imminent risk at a place of injury to a person or damage to property; or domestic violence is occurring or has occurred.
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.
Unless you are pulled over by the police while driving, you will typically receive a penalty notice in the mail. The penalty notice will set out the fine owed and the demerit points incurred.
This fact sheet introduces the different types of law that govern Australia – statute law made by parliament, delegated law made by government and common law made by courts.
As an Australian citizen you must: obey the laws of Australia. vote in federal and state or territory elections, and in a referendum. defend Australia should the need arise.
freedom of speech • freedom of association • freedom of assembly • freedom of religion • freedom of movement • respect for the freedom and dignity of the individual • commitment to the rule of law • parliamentary democracy • equality of opportunity for all individuals, regardless of gender, country of origin, religion ...
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.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
The results of a national survey of public attitudes to police and police services reported here indicates that Australians are more respectful of their police, and pleased with the assistance they provide, than some observers have suggested.
Excessive force – When police use unreasonable violence when making an arrest or investigating a crime, such action is considered excessive force. This type of brutality generally leads to serious physical injury and even death.
Sue in Civil Court
Most crimes such as battery or theft have civil law counterparts. If you are lucky enough to know who the perpetrator is, and the police won't arrest him or the DA's office won't press charges, you may be able to sue for damages in civil court.
The situations that police officers most likely to use force is arrests, disturbance, domestic, traffic stop, drunk/disorderly, and investigation. It has become too much when it catches the attention of the public, media, and legislators.