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Contact with the Police
and Criminal Justice System

Police searches and your rights

Police can search you if:

  • They think you have stolen goods
  • They think you have illegal drugs
  • They think you have something that can be used in a crime, like weapons
  • You are with someone who the police want to talk to about a crime
  • They have an order from a court, called a warrant
  • They enter your home because of a reported domestic violence offence

They can also search you:

  • At the time of your arrest
  • At the police station, after you have been arrested

Police have the power to search:

  • You
  • Your car
  • Your house
  • Things you own
  • Other people at your house

Searching You
A search of your body usually involves patting you down and asking you to empty your pockets, take off your coat or shoes, shake your hair or open your mouth

Strip searches and your rights

Strip searches

A strip search is where a police officer asks you to take your clothes off and a police officer visually examines your body.

The law says that strip searches should be used as a last resort. For example a strip search may happen, if police think you have something unlawful hidden under your clothes in a situation that is ‘serious and urgent’.

There are rules for strip searches:

They should be done in a private space
They should be done by a police officer who is the same gender as you. For example a police woman should search a woman.
The police cannot look inside your body.

 For people under 18

  • A parent or guardian must be present for a strip search
  • OR there must be a reason that the search must be done immediately

For example for the safety of the person or to prevent evidence being destroyed

If you have trouble understanding information or have an intellectual disability you should:

  • Tell police about your disability
  • Tell them you want a support person
  • Call the Intellectual Disability Rights Service on 1300 665 908

Providing Police with Identification

There are some situations where you must provide Police with your:

  • Name
  • Address
  • Identification

Police can ask for these things if:

  • You are driving a car and have been pulled over, or you are supervising a learner driver
  • You were involved in a traffic accident
  • You are suspected of committing an offence on a train or railway
  • Police suspect that you are under 18 and carrying or drinking alcohol
  • You are near the scene of a serious crime and Police think you have information that could help them
  • Police are giving you a ‘move along’ direction. This is an order asking you to leave a particular area
  • Police suspect that an Apprehended Violence Order (AVO) has been made against you. This is an order that stops you from going near or contacting a particular person, like a family member or a partner

They can also:

  • Ask for the names and addresses of the driver of a car and all it’s passengers if they suspect that the car you’re in has been used for a serious offence
  • Ask you for the details of the person who was driving the car when a traffic offense was committed, if you own the car but it was not you who was driving

‘Move along’ orders

A ‘move along’ order is where Police tell you to leave a particular area.

Police can tell you to ‘move along’ if you are in a public place and they think that you are:

  • Attempting to get illegal drugs
  • Supplying or intending to supply someone with illegal drugs
  • Obstructing traffic or another person
  • Harassing or intimidating another person
  • Causing fear to another person

If you are intoxicated and in a public place, the police can tell you to leave the area for up to 6 hours if the Police think your behaviour is:

  • Disorderly
  • Likely to cause injury to another person
  • Likely to damage property
  • A risk for public safety

Intoxication

If you are affected by drugs or alcohol in a public place, Police can detain you if you are:

  • Behaving in a disorderly way
  • Behaving in a way that is likely to injure someone or cause damage to property
  • In need of physical protection, because you are intoxicated

If there is a responsible person (such as a friend or family member) who can take care of you, Police can release you into their care.

However, if Police can’t find a responsible person, or if you are behaving violently, the Police can take you to a place such as a police station or juvenile justice centre.

Arrest and Your Rights

A Police Officer can arrest you, if:

  • They see you break a law
  • They think it was you that broke a law, for example someone told them it was you.
  • The police see you with stolen property
  • You do not come to the police station when you said you would, for example as part of your bail conditions
  • The Court gives the police a piece of paper that says that the police must arrest you. This is called an arrest warrant and the police must have the arrest warrant from the court with them
  • They need to give you an AVO (Apprehended Violence Order). This is an order that stops you from going near or contacting a particular person, like a family member or a partner
  • Someone in your life wants to apply for an urgent AVO against you

Can the Police use force to arrest me?

Yes, but they should only use as much force as is needed and there should be a good reason for the amount of force used. For example, because you tried to run away or were hurting someone
They must not use more force than they need to or do things like hitting you in the face or banging your head on a wall. This is assault. If this happens you should make a complaint about the police.

If you are arrested:

You must go with the police, even if you do not want to
Police are allowed to take your photographs, fingerprints and in some situations, your DNA
Police can take your clothes, but they must give you something to wear
You should not hurt or kick the Police. This is called assault and could get you into trouble
You do not have to take part in an identification parade if you do not want to. An identification parade is where you are lined up with other people, and a witness is asked to identify the person they saw

The Police officer must tell you:

That you are under arrest
Why you are under arrest
Their name
What police station they work at

If they do not give you these details, do not get into an argument with them.
You can make a complaint later.

Your Rights at the Police Station

  • You have the right to be silent, but in some cases this can be used against you. That is why it is always a good idea to talk to a lawyer.
  • You have the right to talk to a lawyer and a friend or family member
  • If you are Aboriginal, you have the right to speak to a lawyer from the Aboriginal Legal Service’s Custody Notification team. They are open 24 hours a day and the police can contact them for you
  • If you have an intellectual disability, you have the right to have a support person present at the Police Station and during a Police interview
  • You have the right to medical treatment

If police want to ask you questions or interview you, you should:

1. Talk to a Lawyer first

2.Do an interview if you want to, after talking to a lawyer

Going to Court

Going to Court

If you have been charged by police with a crime and have received a letter called a Court Attendance Notice, you must go to court.

If you must go to court, call a lawyer as soon as possible.

This is very important if you have been charged with a serious crime or have a mental illness or intellectual disability.

Things you can do to help your lawyer help you:

Call a lawyer as soon as possible

The earlier you call a lawyer the earlier they can help and the more time they have to prepare.

Bring all the papers that the police have given you

This includes the Court Attendance Notice, the Police Facts sheet and your bail undertaking if you have already been granted bail. Bail is where you have been released from custody while you are awaiting your court date.

Write things down

Write down the things you would like to tell your lawyer or questions you would like to ask them. This way you will not forget things.

Tell your lawyer if you have a mental illness or intellectual disability and provide them with any medical documents that explain this

If you have a mental illness, intellectual disability or cognitive impairment, your lawyer might be able to apply for a section 14 order. This is an order that stops you from having to pay a fine or go to jail, and helps you to get support and treatment instead.

On the day of Court

Your Court Attendance Notice will tell you what day you have to be at Court. It’s important that you make sure you double check the date and are there on that day.

You should ask for the ‘duty solicitor’ on the day at court if you do not already have a lawyer. Duty solicitors can give you legal advice and assistance on the day, for free in many situations.

Other tips for court

  • Dress nicely. You don’t have to wear formal clothes, but you should make an effort to look well presented
  • It can be a very long day and you will need to be patient. You don’t usually know what time your matter will be heard, so it’s best to plan to be at Court for the whole day and to bring things like a drink bottle and some snacks
  • Ask someone to look after your children. Generally, Court is not an appropriate place for children and it can be a very long day, so if possible, ask someone to look after your kids for the day
  • Recording devices are not allowed in courtrooms, so before entering you should turn off any electronic devices including mobile phones
  • Bring a support person such as a family member, friend or support worker. Court can be very stressful and whilst a support person not be able to speak on your behalf, they can be there to sit with you and give you emotional support

Making Complaints about Police

You have the right to make a complaint about the police if you think they have done the wrong thing.

For example you could make a complaint because police:

  • Strip searched you in a public place
  • Did not explain why you were under arrest
  • Did not tell you why they were searching you
  • Used capsicum spray on you and this was unnecessary
  • Did not let you have medical treatment when you asked for it at the police station

You can complain by:

Going to Mt Druitt police station and asking to see the duty officer or Local Area Commander

27-29 Luxford Road, Mount Druitt 2770

Contacting the Ombudsman’s office
1800 451 524
Contacting the Law Enforcement Conduct Commission

1800 657 079.

Make a complaint — Law Enforcement Conduct Commission (nsw.gov.au)
Lodging an online complaint to the Commissioner of Police

https://www.police.nsw.gov.au/online_services/providing_feedback/lodge_a_complaint

Where to get help

Where to get help – If you are arrested and at the Police Station

Aboriginal Custody Notification Service
Legal advice and wellbeing support for First Nations people under arrest at a police station. This line is open 24 hours per day, 7 days per week
Ask police to call for you.
You have a right access this if you are an Aboriginal person in custody.
Intellectual Disability Rights Service
Legal advice and Support Persons for people with intellectual disability at the police station

1300 665 908

The Intellectual Disability Rights Service covers people with brain injury, foetal alcohol spectrum disorder, autism, dementia and borderline intellectual functioning.

Legal Aid Youth Hotline
Legal advice for people under 18 at the police station

1800 10 18 10

For all other people, call your own lawyer or LawAccess on 1300 888 529.

Where to get help – If you must go to Court

Aboriginal Legal Service
Free legal advice and representation for First Nations people at Court
1800 765 767

www.alsnswact.org.au

Legal Aid
Free legal advice and representation. Some services are only available to people on low income
1300 888 529

Suite 36-37, 15 Kildare Road,
Blacktown 2148

www.legalaid.nsw.gov.au

Western Sydney Community Legal Centre
Free legal advice for minor criminal and traffic matters for people living in the Western Sydney area. The Aboriginal Legal Access Program also provides support to Indigenous peoples

(02) 8833 0911

 76 Rooty Hill Rd,
Rooty Hill 2766

www.wsclc.org.au

Intellectual Disability Rights Service
Support Persons for people with intellectual disability at court and at legal appointments.

1300 665 908

www.idrs.org.au

You should ask for the ‘duty solicitor’ on the day at court if you do not already have a lawyer. Duty solicitors can give you legal advice and assistance on the day, for free in many situations.

Further Resources