What powers do police have in NSW?

Stop, search and detain Beyond arrest, the most fundamental powers that NSW police officers exercise on the street are those relating to stopping a person, searching them, and detaining suspect objects.

What are my rights when dealing with police in Australia?

In general, you have the right not 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. However, there are some times when the law says that you must give your name and address to the police.

Can you refuse to answer a cops questions?

You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.

What to do if the police want to talk to you?

Talk to a lawyer first. And if a police officer contacts you because they “want to talk” it’s best to go to the meeting with a lawyer. Alternatively, a lawyer may be able to help you prepare a written statement and avoid a situation where you inadvertently say something that leads to you being charged with a crime.

Can the police ask you to come in for questioning?

Can I be arrested for questioning? No. Police can ask you to accompany them to a police station for questioning, but you are not required to go unless you have been arrested for an offence. You should speak to a lawyer before you speak to the police.

Can the police hold you for questioning?

Can you refuse to be interviewed by police?

We’re all familiar with the TV cliche of a police interrogation: A tight lipped suspect sat behind a table in a windowless room. But not only are you not obliged to answer any police questions under interview, you are under no obligation to take the police interview either.

Do you have the right to remain silent in NSW?

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.

Can a police officer stop and search you in NSW?

In NSW, police have the power to stop and search any person they reasonably suspect of being involved in a criminal offence. The power available to police to perform searches is found in the Law Enforcement (Powers and Responsibilities) Act 2002. There are a number of circumstances in which police can stop and search you, your bag, or your car.

What happens if I am arrested by police in NSW?

If you are charged you will either be released on bail by the police, and provided with a summons to attend court, or the police will refuse bail and you will have to appear in front of a Magistrate for bail to be granted. If bail is refused by the police it is important that you speak with a lawyer and have them represent you for the bail hearing.

What are your rights when dealing with police?

Some of the rights you have when dealing with Police include: To be informed of your rights by the Police. To be informed of your right to silence. To be informed of any charges and whether you are under arrest. To refuse to accompany a police officer to the police station unless you are under arrest.

What should I do if I am questioned by police?

ALWAYS obtain legal advice prior to agreeing to being questioned by police. DO NOT answer any questions, except for providing your name and address; DO NOT sign anything. If you have NOT been arrested, you DO NOT have to attend the police station for questioning.