Your Rights

To avoid making your situation any worse you need to know your rights when accused of a crime.

This is especially important as the police don't have to tell you about all of your rights, and often will try to pressure you into making a statement or giving an interview without finding out what your options are first. Many people also make a partial or full confession to police when the evidence against them is weak and no charge would have been laid if they had just spoken to a lawyer first and taken advice not to give a statement. Also, there is no such thing as an “off the record” conversation with a police officer, so even if they aren't tape recording what you are saying, they may still be able to use it against you in Court later.

So, when faced by police, what are your most important legal rights?

The Right To Silence

1. If you are under arrest, you must go with the police back to the police station if requested. However, you do not have to say anything to them, except provide your name and address. Nor do you have to agree to a search of yourself or your house or car at the time of arrest, unless:

a) the police have a search warrant; or
b) they have reason to believe you may be carrying stolen goods or weapons, etc.

2. If you are not under arrest, you are not obliged to go anywhere with the police or even to provide your personal details, unless you have just witnessed a crime, or are a suspect, or are subject to a traffic stop.

3. Nor do you have to agree to a search of yourself or your house or car if you have not been arrested, unless the circumstances are urgent & the police are exercising some emergency power, for example to look for drugs or weapons that you are suspected of carrying.

4. Many persons just let the police search them and end up handing over all sorts of incriminating evidence, including their mobile phone (and even their password) when they didn't have to, because they don't know their rights and didn't speak to a lawyer first.

The Right To A Lawyer

5. If in doubt about the reason for a police search or whether you should answer their questions, ask the police if they have a warrant AND ask to speak to your lawyer before agreeing to anything.

6. However, if you are arrested and taken to the police station, or the police have a search warrant, you will be required to turn out your pockets and hand over any bags and other belongings. Even then there are clear limits on the types of search the police can do. For example, a frisk search or strip search can only be done in very limited circumstances and strict rules apply to how they must be carried out and who can perform them.

7. You are never under any obligation to participate in a line up of suspects. However, if you have been arrested for a serious crime and the police have located forensic evidence at the scene of the crime, or the Court orders you to, you must provide your fingerprints or DNA or allow the police to take a photograph of you.