WHAT ARE MY RIGHTS?

WHAT ARE MY RIGHTS?

Police in NSW have enormous powers; some distance greater than police in most different 'modern' nations, which include the United States, Great Britain and Canada. Those powers are continuously increasing, making it difficult for us to be aware of our rights at any one time, and handy for police to abuse their position of authority. The following is a fundamental define of some of the rules. Do I have to supply police my name and address? Not normally. Although police have a right to ask for your identity, in most conditions you do now not have to supply it. However, there are some conditions the place you have to supply your identification (your name and address). They include: · when you are using a car, and you (i) are suspect of a traffic offense (eg speeding); or (ii) refuse a breath test; · when you very own or were riding a vehicle and police 'reasonably suspect' that it used to be used in a crime; · when you are beneath 18 and police 'reasonably suspect' you of carrying or consuming alcohol in a public place; · when the police 'reasonably believe' that you witnessed a serious crime; · when you have unpaid fines and police are making an attempt to serve a 'fine default warrant'; and · after you are arrested. Do I have to reply questions when approached with the aid of police? Not normally. In most situations, you do not have to reply questions through police. However, there are some legal guidelines that require you to reply positive questions and/or do sure things in unique situations. For example, below the Traffic Act you have to give your identify and address to police in some situations when driving a car (see above). If requested, you ought to additionally supply your drivers license and give the names and addresses of any other human beings suspected of committing an offense under the Traffic Act. If required, you should additionally give statistics about any different motor vehicles suspected of being worried in such an offense. There are comparable rules in many other Acts, which includes the National Parks and Wildlife Act (you ought to reply sure questions via park officers/rangers), the Local Government Act (you must answer questions by way of Council officers or police if you are suspected of breaching Council by-laws and regulations), the Meat Industry Act (you ought to reply questions with the aid of meat inspectors), and for certain 'terrorism related' offenses (you have to cooperate wholly with police in their investigations). When can police inform me to cease doing something or 'move on'? You have the right to dangle out somewhere you like, with whoever you like, as lengthy as you are not doing sure unlawful things. Those matters are: · obstructing people or traffic; · harassing or intimidating people; · performing in a way that may want to motive fear to other people (whether or now not there are actually different human beings there); or · possessing, receiving or presenting drugs, or intending to do so. In 'public places' and in schools, police can give you a 'reasonable direction' (ie a honest order) to end doing something or to 'move on' however solely if they 'reasonably believe' that you are doing one or extra of the above things. The 'direction' (ie the order) will solely be 'reasonable' if it is aimed at stopping the behaviour. So police can't just order you around for the sake of it! Before giving the 'reasonable direction', police must do four things: 1. show proof that they are police (unless they are in uniform); 2. tell you their identify and police station; 3. inform you why they are giving the direction; and 4. warn you that it can also be an offense to disobey. If you do not obey the course straight away, police must repeat the direction earlier than they can supply you an on-the-spot fine or cost you. If you are charged or refuse to pay the fine, the Magistrate in Court will determine whether or not you are guilty. In achieving a decision, the Magistrate will think about whether or not the route used to be real looking and additionally whether or not police did the four matters listed above. Finally, the that means of 'public place' is pretty broad; including roads, footpaths, automobile parks, trains, educate stations, parks, reserves, beaches, pools, formative years centers, some retail outlets and their surroundings, buying centres, cinemas and leisure complexes. 'Public place' does no longer encompass people's personal houses or yards. What if the course is unfair or unreasonable? If you agree with that the police course is unfair or that police have not accompanied the rules, you have two options: 1. you can obey the route and bitch later Lodge a Formal Complaint with the NSW Ombudsman Now; or 2. you can refuse to obey. If you refuse and police pleasant you, you can choose not to pay the satisfactory and instead shield the rely in Court. The Magistrate will then decide whether you were right or incorrect to disobey the direction. In doing so, he or she will reflect onconsideration on whether or not the course used to be practical and also whether or not police did the 4 matters earlier listed. What if I'm now not in a 'public place'? Where you are on 'private property', the proprietor or occupier (an 'occupier' is anyone who rents a place, such as a tenant) can tell you to leave. If you don't leave, police can charge you with remaining on inclosed lands (also known as 'trespassing'). 'Inclosed lands' are: · the inner of buildings; · any other parts of constructions (eg steps, wall, fence or pathway); and · any different location internal the boundaries of land or property. 'Private property' is property owned or occupied by way of a individual or a employer (rather than with the aid of a council or government). It consists of people's residences and yards, most shops and businesses, shopping centres, cinemas and entertainment complexes. To complicate things, positive locations are each 'private property' (ie are owned through a man or woman or company) and public places; for example, buying centres and leisure complexes. In such places, police can use their 'move on' powers as properly as cost you with remaining on inclosed lands. Can I have someone with me when puzzled by way of police on the street? Yes. Police will often inform your household and friends to move away whilst they query you. However, if your family/friends are no longer interfering with police and you have no longer but been arrested, police can not make them leave. Do I have to go with police if I haven't been arrested? No. You do not have to go anywhere with police (not even to the police station) until you have been arrested. If you are undecided whether you have been arrested, simply ask. If you haven't, it is absolutely up to you whether you go. Despite what police say, you cannot be pressured to go and are not committing an offense by way of refusing to going. Can I be arrested for questioning if I'm not a suspect? No. You can only be arrested if you are suspected of an offense. If police believe that you might have records about a crime, they may ask you to attend a police interview; however you do not have to attend. However, if anybody else is (or has been) charged, a Court document (called a 'subpoena') may be issued requiring you to: (a) attend Court to supply evidence as a witness, or (b) produce requested archives if they are in your possession, custody or control. Do I have to reply questions after arrest? Not normally. After arrest, you have a 'right to silence' ie a right no longer to answer police questions about the alleged offense. You use that right (ie you have to not answer questions) in order to provide yourself time to calm down and think clearly. You can always attend a police interview on a later date, even if you are held in custody. Police on occasion take advantage of the trauma of arrest by way of pressuring or complicated people into giving 'false' confessions or offering answers that are not pretty right. Such solutions can later be used in Court against you, and can make it a lot harder to shield your case. So provide your name, address and date of birth and do no longer answer any other questions till you have spoken with a criminal lawyer. As noted before, there are some offenses where the 'right to silence' has been reduced. The most terrific is the place you are arrested for a 'terrorist-related' offense. In such cases, you ought to cooperate absolutely with police and answer their questions, or else you are responsible of a serious offense. What is an 'ERISP'? 'ERISP' stands for Electronically Recorded Interview of a Suspected Person. It is a document of your interview by means of police at the police station, and can also be recorded on audiotape, videotape or both. If you are required to sit down for an ERISP, you must provide your name, tackle and date of birth, but have to not answer any other questions until you have contacted a criminal lawyer. You should no longer supply any written statements or signal any documents, other than your bail form. Do I have to let police take my photo, fingerprints or DNA after arrest? If you are over 14 and are charged with a crook offense, police can take your fingerprints and a image of your face but only if those matters (ie the fingerprints and/or photo) are critical to work out your identity. If you are below 14, police have to apply for a Court order to do this. If you are now not arrested, they cannot do those things without your permission. Police should acquire a Court order to take your DNA. The DNA is normally taken from a pattern of your saliva or hair. Police can only follow for a Court order (to take DNA, fingerprints or photo) if they suspect you of committing a crime or you have already been charged. If they get that order, they can use 'reasonable force' to make you comply, which may involve preserving you down and getting a doctor to extract a pattern of blood. Do I have to take part in a police 'line-up'? No. A police 'line-up' (also called an 'identification parade') is where numerous human beings stand in a line and a witness is asked to point out the suspect/s. You have to always achieve prison advice earlier than agreeing to a 'line-up'. Where you do now not agree, police may also ask the witness to pick out suspects from quite a few photos, together with a picture of you. When can police search my body, auto or bag? Police can search you, your car, bag or property if: · you consent (agree); · you have been arrested; · police 'reasonably suspect' that you have some thing stolen or unlawfully obtained, or something used or about to be used in a crime; · police 'reasonably suspect' that there are unlawful drugs on you or in your car; · police 'reasonably suspect' that you, your bag or school locker have a knife or other weapon; · police suspect that you are worried in 'terrorist-related' activities; · police have a search warrant for the constructing you are in, and they 'reasonably suspect' that you have some thing named in the warrant on you; · you are detained because you are inebriated in public. Police need to tell you why they intend to search you. If they don't, you have to ask. Also ask for their name, badge number and police station. If police give you that statistics and you nevertheless refuse to be searched, they may also arrest you and use pressure to search you. You can also also be fined or charged with refusing a search and ordered to appear in Court. During a search, police can take something they believe is proof of a crime. If you sense that the search was once 'unreasonable', you have to inn a formal complaint. A search may be 'unreasonable' if police did now not have lifelike grounds to search you or they refused to supply their details when asked or they didn't comply with the guidelines for the specific type of search (see below). Lodge a Formal Complaint with the NSW Ombudsman Now What sorts of searches can police do? There are three main types of physique searches; ordinary search, strip search and inner physique cavity search. Different rules apply to each type. 1. Normal search The most frequent type of search is where police: · get you to empty out your pockets and bag; and · search your luggage and possessions; and · do a frisk or a pat-down search; the place police rapidly run their fingers over all components of your physique and ask you to run your fingers through your hair; and/or · use a metallic detector to search you and your possessions. If you are below 18, it is your proper to have a pal or family member nearby whilst you are being searched. Even if you are over 18, you ask to have any individual present. This will reduce the chance of incorrect habits by police (eg immoderate force) and give you a witness to back-up any later criticism by means of you. 2. Strip search Strip searches are a serious invasion of your privacy. However, the law approves police to strip search you (ie to make you remove most or all of your clothes) if: · you have been arrested; and · police 'reasonably suspect' that you possess risky or prohibited items, such as weapons or drugs. Police should not strip search you the place there is no real cause to suspect you of hiding such things, or the place they just favor to humiliate or degrade you. Strip searches need to now not be conducted in public, and females can solely be strip searched by other females. Police ought to no longer touch your physique at some stage in a strip search. 3. Internal physique cavity search This is the most intrusive kind of search, involving a search of your rectum and/or vagina. It can solely be executed the place there is reason to consider that you have hidden prohibited items (usually drugs) interior a body cavity. Such searches have to be approved by way of a police sergeant or a extra senior officer, and can solely be performed by using a doctor. When can police enter and search my premises? Police can solely enter your domestic or shop: · if the occupier (the person who lives or works there) consents (agrees); · to stop domestic violence, a 'breach of the peace' (eg fighting or violence) or some other offense; · to arrest someone; or · to search. However, police can only search your premises if: · the occupier consents; · they enter to arrest someone. In such a case, they can solely search the arrested individual and their belongings, no longer the complete premises; · they suspect 'terrorist-related' activities; or · they have a 'search warrant'. To obtain a search warrant, police have to persuade a Magistrate or justice of the peace that they reasonably suspect that there is evidence of a crime (eg stolen goods, weapons, drugs etc) at the premises. The warrant can be used only once, at some point of the daytime (unless the warrant says otherwise) and before the expiry date (which is cited on the 'occupier's notice'; see below). Police need to provide you a receipt for some thing they take. What is an 'occupier's notice' Before carrying out a search, police must hand the occupier a written notice, called an 'occupier's notice', which states: · the address of the premises; · what the police are looking for; · what the warrant allows police to do (eg the components of the premises they can search, whether or not they can search at night time etc); and · the warrant's expiry date. How can a solicitor help me? If you are arrested or known as for a police interview, you contact a solicitor (lawyer) who is familiar with the crook law. They can: · endorse you of your rights; · provide an explanation for any costs in opposition to you; · provide an explanation for your alternatives; · make a bail software for you in Court (if you are refused bail by police); and · signify you at your Court hearing. U Nedim

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