It’s that time of the year again. We have just celebrated Melbourne Cup, schoolies is just around the corner, office Christmas parties are in full swing and the summer festival season is about to begin.
But with the year drawing to a close and the silly season nearly upon us, three things are certain: more of us will be sunburned, more of us will be consuming more food and alcohol and more of us will be belting out karaoke tunes in the style of Bridget Jones.
And with that comes a greater likelihood of coming into contact with the police.
Below is a summary of what the police can and can’t do, and what you should and shouldn’t do when dealing with them to ensure that your rights are protected:
The police can:
• Ask you to identify yourself;
• Stop you on the street, at the races or at a festival and ask you questions;
• Stop and search you, your car or your belongings, but only if:
– You agree;
– You are under arrest or in custody;
– They have a search warrant;
– They suspect, on reasonable grounds, that you are carrying or have on you stolen goods, a weapon or a prohibited drug;
• Use sniffer dogs in authorised places such as inside or outside a pub or club, sporting event, concert and on public transport;
• Take drunk persons home or detain them at the police station until they are no longer intoxicated;
• Give you a direction to “move on” from a public place or give a direction to a group to “break up”;
• Use reasonable force to arrest you;
• Detain you for up to 4 hours after arrest for investigation and questioning.
You should:
• Tell the police your name, address and date of birth;
• Refuse to answer any more questions and remain silent.
Whether you have been arrested, charged, or are being questioned, you should not say or sign anything. You should not participate in a record of interview and you should respond with “no comment” to any questions asked of you;
• Ask to see a warrant;
• Object to being searched and demand to know why you are being searched;
• Not obstruct or assault the police in the course of their duties;
• Ask to speak to a lawyer and ask them to come with you;
• Get legal advice.
So when you’re heading out this holiday season, remember that, while the police have fairly broad powers and you should definitely take care not to assault or obstruct them in the course of their exercising those powers – you have rights too.
We’ve all heard it before, in movies and on TV shows, but it can be difficult to remember when faced with the intimidating presence of the law, that you have the right to remain silent and anything you say or do can and will be held against you in a Court of law.
DID YOU KNOW?
• In France, you’re more likely to be killed by a champagne cork than by a poisonous spider;
• In Britain, photocopiers suffer the most at office Christmas parties, due to people photocopying their buttocks and inserting things into the machine. Things which have been found in photocopiers after office Christmas parties include, sleeping cats, a snake, sausage rolls, stockings and a cheque for £6,000;
• In the 1950s and 60s, women were regularly arrested for “offensive behaviour” on Bondi Beach for wearing swimsuits which did not meet the rigorous standards set by the local council. In the 1960s, councillors at Waverley Council attempted to pass a regulation which would make all women have to show councillors their bikinis in order to gain permission to wear them in public. The attempt was unsuccessful and the regulations eventually abolished.
