Name and Address

In the Northern Territory, police can only ask for your name and address if they believe that you:

• have broken (or are about to break) the law
• can help them with their investigations of a crime
• are on licensed premises (eg, pubs, night-clubs), or
• are driving a car, motorbike, boat or bicycle.

If the police want to know your name and address, they have to tell you why they want it.

You have to tell police your name and address. If you don’t, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

If you are under 18 the police can’t normally interview you without an adult present. They can interview you without an adult for some non-serious offences. For serious offences, you must have an adult with you. You get to choose who this adult is, and they can be your parent or a friend, youth worker, relative or lawyer. If that person cannot come, or police cannot find them, then police can contact someone on the List of Appropriate Persons. You can speak to your support person in private before deciding whether to answer police questions. Remember, you do not have to answer any question (other than giving your name and address).

Search

Police can only stop and search you if they think you have:

• something connected with a crime
• a weapon, or
• illegal drugs.

If the police have a warrant (a special permission from the court), they can search you, your car or your house. If you’ve been arrested, the police can also search you. If you don’t cooperate, they’re allowed to use reasonable force to do so.

If you’re under 18, normally the police cannot search you, your clothes, or your property unless you have a support person with you. The police can search you without a support person present if:

• the search needs to be carried out urgently
• delaying the search could put you or another person in danger, or
• delaying the search may cause evidence to be lost or destroyed.

Before they search you, the police also have to tell you that you’re allowed to get legal advice and representation.

Someone of the same sex should do the search and it must be done in a private place.

Your Possessions

Police can take and keep something that belongs to you if they think:

• it can be used to prove someone committed a crime
• it’s dangerous
• it’s a weapon, or
• it’s an illegal drug.

Arrest

A police officer can arrest a child or young person if the person has either been:

• allegedly involved in an offence; or
• suspected of being involved in an offence.

A responsible adult who is independent of police must be present.

If you have been arrested, the police can also search you.

A police officer can use as much force as they need to arrest you or stop you escaping, but nothing more.

If you are arrested, you will be taken to the nearest police station, or another police facility. Police will contact you parent/primary carer to get them to come to the police station.

If a parent or other primary carer is not available, police may use a responsible adult independent of police.

After you have been arrested, police will decide whether you should be released from custody (granted bail), or continue to be held.

Police may also call a magistrate to discuss whether you should be released.

Any of the following may happen, you may be:

• released without charge
• referred to a youth diversion program
• charged then released on police bail
• charged, remanded in custody and taken to a youth detention centre in Darwin or Alice Springs for a later appearance in the Youth Justice Court or
• charged, police bail refused and taken to the next sitting of the Youth Justice Court.

Further Help

For assistance in Northern Territory contact Northern Territory Legal Aid Commission on 1800 019 343.

If you are Indigenous or Torres Strait Islander you can also contact the Central Australian Aboriginal Legal Aid Service on 1800 636 079 or the Northern Australian Aboriginal Justice Agency on 1800 898 251.

Name and Address

You only have to give your name and address to a police officer if:

• the officer thinks you have committed (or are about to commit) a crime
• you have information that can help with investigation of an offence
• you are at a place that serves alcohol, or you have bought alcohol using a fake ID
• you are driving a car or riding a motorbike, or
• you are carrying illegal drugs.

If you don’t give police your name and address, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

Before interviewing you, police must tell you that you have the right to call a friend or family member and a lawyer. Police should allow you to have a responsible adult with you.

Remember, in any interview you have the right to remain silent. This means you don’t have to say anything in an interview except your name and address.

Police can’t keep you for longer than six hours to ask questions, unless a senior officer has a valid reason.

Search

If you’re not under arrest and police don’t have a warrant (permission from a court), they can only search you if they reasonably think you have something that’s related to a crime.

If the police have a warrant, they can stop and search you, your car or your house.

There are two main types of searches: basic/frisk and strip searches. In strip searches, a police officer can ask you to remove some or all of your clothes but they can’t search private areas of your body. Strip searches have to be done by someone of the same sex as you.

Arrest

The police can arrest you if they think:

• you are committing, have committed, or are about to commit a crime, AND
• arresting you is necessary to make sure that you don’t repeat the offence, destroy evidence, damage someone’s property or cause danger to someone else’s safety.

The police can also arrest you if they have a warrant. The police must tell you the reason you have been arrested. A police officer can use as much force as is reasonably necessary to arrest you or stop you escaping.

Further Help

For assistance in Western Australia, contact Legal Aid Western Australia on 1300 650 579. If you are Aboriginal or Torres Strait Islander you can contact Aboriginal Legal Service of WA on 1800 019 900 or (08) 9265 6666. There is an after hours number: (08) 9265 6644.

For assistance in Western Australia, contact Legal Aid Western Australia on 1300 650 579.

Name and Address

In New South Wales, police can ask for your name and address if they believe that you:

• are under the age of 18,
• have broken (or are about to break) the law,
• can help them with their investigations of a crime,
• are on licensed premises (eg pubs, night-clubs),
• are driving or are a passenger in a car, or motorbike, or
• have a domestic violence order against you.

If the police want to know your name and address, they have to tell you why they want it.

You have to tell police your name and address. If you don’t, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

If you are under the age of 18, normally the police cannot interview you without a support person present. The support person must be an adult who is independent of the police, such as a lawyer, parent or relative. If you are aged 14 or older, you can choose who you would like to contact. If you are under 14, the police will contact your parent or guardian.

Remember, you do not have to answer any questions (other than giving your name and address).

Search

The police can search you if:

• they suspect you have committed an offence,
• they suspect you are carrying illegal drugs,
• they suspect you are carrying any weapon that may be used to commit a serious offence,
• they suspect that your car may have been used in a serious offence, or
• they suspect that you might have something stolen in your possession or obtained illegally.

If police are going to search you, they have to tell you why they are searching you.

As far as is practical, police must use an officer of the same gender as the person being searched.

Arrest

A police officer can arrest you if, for example:

• you are committing (or have committed) an offence,
• they have a warrant (written authority) for your arrest,
• they need to serve an apprehended violence order (AVO) on you or have a warrant for your arrest for serving an application for an AVO on you, or
• they wish to apply for a provisional (urgent) AVO against you.

If you have been arrested, the police can also search you.

A police officer can use as much force as they need to arrest you or stop you escaping, but nothing more.

Further Help

For assistance in New South Wales, contact Legal Aid New South Wales on 1300 888 529 or the South West Sydney Legal Centre advice line on 02 9601 7777.

If you are Indigenous or Torres Strait Islander you can also contact the Aboriginal Legal Service (NSW/ACT) on 02 8303 6600.

Name and Address

In Victoria, you have to give your name and address to police in these situations:

• if they reasonably believe you have committed (or are about to commit) a crime,
• if they reasonably believe you might be able to help with an investigation into a crime,
• if they reasonably believe you are carrying a weapon like a gun or knife, or something changed so it could be used as a weapon (like a bat, hammer or axe),
• if they reasonably believe you have done graffiti or that you have something that could be used to do graffiti,
• if you are pulled over while driving, or
• if you are in a licensed premises that sells alcohol.

If the police want to know your name and address, they have to tell you why they want it.

If you don’t give police your name and address, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

If you are under 18 the police can’t interview you unless your parent, a family member, a carer, a lawyer or other person who is independent of police is present. You must be given the chance to talk privately with the person before the interview.

The only time that the police don’t have to wait for a parent, guardian or independent person to get there before questioning you is if there is someone else involved in the crime and they might get away, or if waiting might cause danger to other people.

Before the interview, the police must tell you that you can call a family member or friend, and a lawyer. The police have to tell you why they are interviewing you.

Remember, in any interview you have the right to remain silent. This means you don’t have to say anything in an interview except your name and address.

Search

The police can only stop and search you if they think you have:

• illegal drugs,
• weapons, like guns or knives, or
• something to inhale an illegal drug with.

If the police have a warrant (a court order), they can stop and search you, your car or your house. They can also search you if you are under arrest.

There are two main types of searches: frisk and strip searches. If it is possible, frisk searches should be carried out by someone of the same sex as you. Strip searches must be done by someone of the same sex. If you are under 18, you cannot be strip searched unless you give permission or they go to the Children’s Court and get permission to do so. A parent or guardian must be present. The only time police can strip search you without your permission or a court orders is where they believe that you might be carrying a weapon. A parent or guardian still has to be present, and the search has to be done by someone of the same sex as you.

Arrest

The police can arrest you if they think:

• you have committed or are committing a crime, and
• it’s necessary to arrest you to make sure that you appear before a court.

The police can also arrest you if they have a warrant. The police have to always tell you why you have been arrested. Police can use the amount of force that is reasonably necessary to arrest you and stop you from escaping.

If you are not under arrest, police cannot keep you and you are free to go.

Further Help

If you need legal advice or referrals in Victoria you can contact the following:

• Victoria Legal Aid
• Find a Community Legal Centre near you
• Law Institute of Victoria
• Youth Law

Name and Address

In South Australia, you have to give your name and address to police if:

• the police think you have broken or are breaking the law,
• the police believe you can help with the investigation of a crime,
• you are driving a car or riding a motorbike,
• you are carrying a firearm, or
• you are at a licensed premises that serves alcohol.

If the police want to know your name and address, they have to tell you why they want it.

If you don’t give police your name and address, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

If you are under 18 and the police want to interview you, the police should take all reasonable steps to make sure that a parent, guardian, or nominated adult is present. In a lot of cases, if police question you without an adult present then they won’t be allowed to use this as evidence in court.

Before the interview, the police must tell you that you can call a family member or friend, and a lawyer. The police have to tell you why they are interviewing you.

Remember, in any interview you have the right to remain silent. This means you don’t have to say anything in an interview except your name and address.

Search

The police can only stop and search you if:

• they believe you have something that has been stolen or is illegal or otherwise evidence of a crime, or
• they believe you have a weapon or dangerous item, or
• you are taken into custody for being a danger because you are drunk or drinking.

If the police have a warrant (a court order), they can stop and search you, your car or your house. They can also search you if you are under arrest.

There are two main types of searches: frisk and strip searches. Police can frisk search you (by patting you down and asking you to remove your jacket) if they reasonably think you have something on you which is stolen, is evidence of a serious crime, or if you have drugs on you.  If it is possible, frisk searches should be carried out by someone of the same sex as you.

If you’ve been arrested, the police can also strip search you. A strip search is when you are asked to remove some or all of your clothes.  Strip searches must be done by someone of the same sex, unless it is urgent. If you are under 18, you cannot be strip searched unless a parent or guardian is present (unless it is urgent).

Arrest

The police can arrest you if they think:

• You have committed or are committing a crime, or
• You are about to cause harm to someone else or their property.

Police can also arrest you if they have a warrant. The police have to always tell you why you have been arrested. Police can use the amount of force that is reasonably necessary to arrest you and stop you from escaping.

If you’re under arrest, the police can generally keep you for up to four hours, unless they get an extension from a magistrate or judge.

If you are not under arrest, police cannot keep you and you are free to go.

Further Help

For assistance in South Australia, contact Legal Services Commission of South Australia on 1300 366 424. If you have any questions or problems you should call Aboriginal Legal Rights Movement Inc on 1800 643 222.

Name and Address

In Tasmania, you have to give your name and address to police if:

• police think you have committed or are committing a crime,
• you are carrying illegal drugs,
• you’re driving a car or riding a motorbike, or
• you are in a licensed premises that sells alcohol or you have bought alcohol using a fake ID.

If the police want to know your name and address, they have to tell you why they want it.

If you don’t give police your name and address, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

If you are under 18 then police should only interview you if your parent, guardian, or other responsible adult is with you. An exception to this is if you are 17 years old and the offences the police suspect you have committed are under traffic laws.

Before the interview, the police must tell you that you can call a family member or friend, and a lawyer. The police have to tell you why they are interviewing you.

Remember, in any interview you have the right to remain silent. This means you don’t have to say anything in an interview except your name and address.

Search

The police can only stop and search you if:

• you are taken into custody for being a danger because you are drunk or drinking,
• you are taken into custody and they think you have a weapon or dangerous item or something might evidence of a crime,
• police think you’re carrying something used to do graffiti,
• police think you’re trying to sell something stolen or illegal, or
• police think you’re carrying something poisonous.

If the police have a warrant (a court order), they can stop and search you, your car or your house.

There are two main types of searches: frisk and strip searches. If it is possible, frisk searches should be carried out by someone of the same sex as you. Strip searches must be done by someone of the same sex if possible, and a parent or guardian should be present.

Arrest

The police can arrest you if they think:

• you have committed or are committing a crime, or
• you are about to cause harm to another person or their property.

But if you are under 18, the police can only arrest you if:

• they need to arrest you to stop you continuing to break the law or doing it again,
• they need to stop you hiding or destroying evidence, or
• it is likely that you won’t come to court if they don’t arrest you.

The police can also arrest you if they have a warrant. The police have to always tell you why you have been arrested. Police can use the amount of force that is reasonably necessary to arrest you and stop you from escaping.

If you are arrested, police can only detain you for as long as is reasonable to ask you questions and/or take you to see a magistrate or judge.

If you are not under arrest, police cannot keep you and you are free to go.

Further Help

For assistance in Tasmania, contact Legal Aid Commission of Tasmania on 1300 366 611. If you are Aboriginal or Torres Strait Islander contact the Tasmanian Aboriginal Centre Inc on the following numbers:

• Hobart Office (03) 6234 0700
• Launceston Office (03) 6332 3800
• Burnie Office (03) 6431 3289

Name and Address

In Queensland, you have to give your name and address to police if:

• the police think you have broken (or are breaking) the law,
• the police think you have been (or might be) involved in domestic violence,
• you are driving a car or riding a motorbike,
• you are carrying illegal drugs, or
• you are in a place that is restricted to adults and you look under 18.

If the police want to know your name and address, they have to tell you why they want it.

If you don’t give police your name and address, or if you give them a fake name and address you can be arrested and charged.

You have the right to ask the police officers their name, rank and station they work from.

Interviews

Apart from giving your name and address in the situations above, you do not need to say anything else to police. You do not need to answer any other questions police ask you. You don’t have to go with police to a police station unless you are under arrest.

If you are under 17 then police cannot interview without your parent, guardian, or other responsible adult being with you.

Before the interview, the police must tell you that you can call a family member or friend, and a lawyer. If you are under 17 and you have not arranged for a lawyer to be present during questioning, then police have to contact a legal aid organisation to tell them that you are in custody for an offence.

The police have to tell you why they are interviewing you. The police cannot keep you for questioning for more than eight hours, and during this time you cannot be interviewed for more than four hours. If police want to keep you for longer, they need to apply for an order from the court.

Remember, in any interview you have the right to remain silent. This means you don’t have to say anything in an interview except your name and address.

Search

The police can only stop and search you if they think you:

• have a weapon or other dangerous item,
• are carrying illegal drugs or something used to take drugs,
• are carrying stolen property,
• have something that might be evidence or a crime,
• have something that can be used to break into houses or cars,
• you have something that you will use to hurt yourself or others.

If the police have a warrant (a court order) they can stop and search you, your car or your house.

There are two main types of searches: frisk and strip searches. If it is not necessary to search you immediately, then both frisk and strip searches must be carried out by an officer who is the same sex as you. Police can only strip search you (by requiring that you remove some or all of your clothes) if you are under arrest or if police reasonably believe that you are carrying an illegal weapon or drug, stolen property, or evidence of a serious crime.

Arrest

If you are under 17, the police can arrest you if arresting you is necessary to:

• stop you committing any crime or continuing to commit any crime,
• stop you destroying or changing your evidence, or
• make sure you attend court.

The police can also arrest you if they have a warrant. The police have to always tell you why you have been arrested. Police can use the amount of force that is reasonably necessary to arrest you and stop you from escaping.

If you are arrested, police can only detain you for as long as is reasonable to ask you questions and/or take you to see a magistrate or judge.

If you are not under arrest, police cannot keep you and you are free to go.

Further Help

For assistance in Queensland, contact Legal Aid Queensland on 1300 651 188. If you are Aboriginal or Torres Strait Islander you can contact the Aboriginal & Torres Strait Islander Legal Service (Qld) on 1800 012 255.