What are my rights with police in Victoria?
The police can only arrest you when they think you have broken a law or they have a warrant for your arrest. You can make two phone calls when the police arrest you or when you are in custody. You can phone a lawyer to get advice and a friend or relative to let them know where you are.
Do you have to give police your name Vic?
The police must tell you why they want your details. If they don’t give you a reason, you should ask for it. It is an offence to refuse to give police your name and address, or to give police a false name and address, if they have a lawful reason to ask you for your details.
Are you allowed to film police in Victoria?
Yes. Everywhere in Australia, the law says you can record in public, even if the police tell you to stop but you need to be aware of your legal obligations. Generally, you can also record conversations or activities that are ‘public’ even if they happen on private property.
What powers do police have in Victoria?
What are Police powers?
- Asking for a person’s name and address.
- Stop and search powers.
- Confiscating (taking away) weapons and other items such as graffiti equipment, alcohol and drugs.
- Fining or arresting a person for breaking the law, or for being drunk or disorderly in a public place.
Can the police detain me?
A police officer who has reasonable grounds for suspicion can stop and detain you in order to conduct a search. The detention may only last for as long as it is reasonably required to permit a search. Reasonable force may be used if you are first given the opportunity to cooperate and then refuse.
Do I have to give statement to police?
If you tell the police what happened, they might understand and not arrest you or go easier on you. Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement and are more likely to arrest you.
Can I refuse to give police details?
You DO NOT have to give your name and address unless the officer points out an offence he / she suspects you have committed. However, not providing your details may lead to you being detained for longer.
What are my rights with police Australia?
Your rights are the same across Australia when: Police search you, your car or house — they need reasonable grounds. Police ask to check your phones — they need your consent. You film the police — that is allowed in public spaces. Police act on a noise complaint — you must comply.
Can you be bailed without being charged?
If you are released on bail or ‘under investigation’ it means that the police are not yet ready to make a charging decision on your case, but that the police investigation remains active and you are still a suspect. Pre-charge bail can occur for a variety of reasons.