May 2008

Your Rights
Police powers in Victoria

Flemington and Kensington

Community Legal Centre
 Your Rights
Police powers in Victoria
¡ Your rights Police powers in Victoria

¡ Contents
About this booklet 1 Searching 20
In public
What do these words mean? 2
In custody or under arrest
Speaking to the police 4 Searching the person
Cars
Name and address 5 Private property
Getting police details
Name and address on public transport
Forensic procedures 24

Under arrest 7 Complaints about police 25

When do I have to go with the police? How can I complain?
What if I disagree about the arrest? Where can I complain?
What happens after I am arrested? Can I take the police to court?
How long can the police hold me? Koori community
When will I be released or charged Your human rights
with an offence?
Where to get help 29
Koori community
Victoria Legal Aid
Terrorism laws
Community legal centres
Police questioning 13 Other services
Speaking to a lawyer and Further resources
family or friends
Produced by Victoria Legal Aid (VLA) and Flemington and Kensington Community Using an interpreter
Legal Centre Inc (FKCLC)
Police caution
Victoria Legal Aid Tape-recorded interviews
350 Queen Street
Independent Third Person
Melbourne VIC 3000
Tel: 9269 0120 Country callers: 1800 677 402 Fingerprinting 16
www.legalaid.vic.gov.au
Signing papers 17
Flemington and Kensington Community Legal Centre
Attendance register book
22 Bellair St
Kensington VIC 3031 Undertaking of bail
Statement
First published 1996
Eleventh edition May 2008 Mental impairment 18
© 2008 Victoria Legal Aid. Reproduction without express written permission is prohibited. Special arrest powers
Permission may be granted to community organisations to reproduce, free of any charge, part
or all of this publication. Written requests should be directed to the Communications and Identification parades
Community Education Manager, VLA at the above address. and photos 19
Disclaimer: The material in this publication is intended as a general guide only. Readers should Identification parades

Contents
not act on the basis of any material in this publication without getting legal advice about their Photos
own particular situations. VLA and FKCLC expressly disclaim any liability howsoever caused to
any person in respect of any action taken in reliance on the contents of this publication.
ISBN 978 1 921180 48 4
¡ Your rights Police powers in Victoria

¡ About this booklet

This booklet is a general guide to help you when you deal with the police. It
includes information for young people under the age of 18 and people with
mental impairment.
When dealing with the police it is important to remember that you have rights
Victoria Legal Aid (VLA) and responsibilities. This includes rights under Victoria’s Charter of Human
Our vision Rights. See ‘Your human rights’ in ‘Complaints about police’.
Victoria Legal Aid is a leading and responsible force for community access to the legal system
You can avoid problems if you are sensible and keep your cool. If the
and for social justice.
situation gets out of control, stay calm, remember your rights and get legal
Our values
Victoria Legal Aid is committed to: serving our clients and community professionally and
advice quickly. You can get free legal advice from VLA or a community legal
ethically; acting with integrity, fairness and transparency at all times; respecting and valuing centre. See ‘Where to get help’.
diversity; and pursuing continuous improvement across the organisation. VLA may pay for an interpreter when you use our legal information and advice
Our services services. Ask for one to be booked when making an appointment. You can also
We can help you with legal problems about criminal matters, family breakdown, family
contact us through an interpreter by ringing the Translating and Interpreting
violence, child support, immigration, social security, mental health, debt and traffic offences.
Service on 131 450. This is a free service.
Our free legal services include:
• information over the phone in English and other languages The law changes all the time. To check for changes you can:
• booklets and other materials in English and other languages • call the VLA Legal Information Service
• seminars and workshops • read the ‘New law’ and ‘Legal issues’ pages on the VLA website at
• advice at most courts and tribunals, or by appointment.
www.legalaid.vic.gov.au
If you want ongoing help from a lawyer, you can apply for a grant of legal assistance. Getting
• visit a VLA office or a community legal centre.
a grant will depend on your financial situation and your legal problem. You can use a grant to:
• pay a lawyer to give you advice, help reach agreement, or represent you in court
• go to our family dispute resolution service. Some words are explained in ‘What do these words mean?’ at the
Call us to find out how we can help you on 9269 0120 or 1800 677 402 (country callers). front of this booklet. These words are highlighted in bold the first
time they appear in this booklet.
Flemington and Kensington Community Legal Centre (FKCLC)
FKCLC is one of more than 50 community legal centres (CLCs) in Victoria. The FKCLC
provides generalist legal advice. Its purpose is to provide free and confidential legal advice
to people in the Flemington and Kensington area. As part of the overall philosophy of
CLCs, FKCLC delivers community legal education and conducts law reform and social justice
campaigns. FKCLC is committed to the principles of human rights, social justice, equity and

About this booklet

community participation.
The FKCLC works to achieve the following outcomes:
• that people in the local community have equal access to justice
• that people are aware of, and can assert, their legal rights
• that the process of changing laws is responsive to changes in the community
• that any given laws have the same impact on people regardless of their income or power
• that people understand and respect the rights and responsibilities of others in
the community.

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¡ Your rights Police powers in Victoria

¡ What do these words mean?

The police and lawyers use legal words when they talk. You may hear these words inadmissible - not allowed to be used as evidence in court
if you are arrested and go to court. Some of these legal words are also used in this independent person - an adult who must be with you during police questioning
booklet. These words are highlighted in bold the first time they appear. when you are under 18 and your parents or guardian cannot be there
admissible - allowed to be used as evidence in court Independent Third Person - a trained person who is with you during police
arrest - when the police hold you in custody because they think you have questioning if you are mentally impaired to help you and the police
broken the law understand each other
authorisation - special power for a limited time that can usually only be ordered indictable offence - a serious offence often heard before a judge and jury
by the Supreme Court informant - the police officer or government official, such as a public transport
bail - a promise that you will go to court to face charges on a certain day. You officer, who charged you with breaking the law
may have to agree to conditions like reporting to the police, living at a certain intervention order - a court order to protect you from family violence or stalking
place or having someone act as a surety for you
magistrate - a person who decides if you are guilty or not and what sentence
bail justice - a person who can give or refuse to give you bail while you are in you get
police custody
no comment - what you say when you do not want to say anything to police
barrister - a lawyer who specialises in appearing at court not guilty - what you say when you deny breaking the law. Also a decision
beyond reasonable doubt - level of proof needed in criminal cases for a made by the court
magistrate or jury to decide whether you are guilty
offence - something the law says is wrong
charge - an explanation of the law that the police say you have broken reasonable - often the police can only legally do something, such as using
charge sheet - a sheet of paper that lists the offences the police say you force, if it is considered reasonable. The police may have to explain to a court
have committed how their behaviour and decisions were reasonable. The court may or may
consent - when you agree to something not agree with their explanation
conviction - a criminal record of when the court has found you guilty of search warrant - see warrant
breaking the law serve - the legal delivery of a document
What do these words mean?

What do these words mean?

court order - a court document that says you must do something. It is also a solicitor - a lawyer who can advise you about the law and represent you in court
document that sets out your penalty if you are found guilty of breaking the law
statement - a written document of what you say about events
criminal offence - see offence summary offence - a less serious offence usually heard in the Magistrates’ Court
criminal record - a police record of your history in relation to criminal offences summons - a court document that tells you when you must go to court
custody - when you have been arrested and are not free to leave surety - a person who promises money or property if you do not meet your
disqualification of licence - the court takes your drivers licence away from you. bail conditions
You have to go to court to get it back
undertaking - a promise to the court to do or not to do certain things
evidence - information used in court to prove something warrant - a court document that says what the police can do, such as arrest you
guardian - a person appointed to make lifestyle decisions for someone who is or search your house
unable to make those decisions themselves
witness - a person who gives evidence in writing or in person

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¡ Your rights Police powers in Victoria

¡ Speaking to the police ¡ Name and address

You have the right to remain silent but you must tell the police your name Generally, the police do not have the right to demand your name or address
and address in some circumstances. See ‘Name and address’ for what these without a reason. However, there are some times when the law says that you
circumstances are. The police must tell you why they are asking for your name must give your name and address to the police. It is a criminal offence to give
and address. a false name and address in these circumstances.
You do not have to answer any other questions that the police ask you. Police can ask for your name and address if they believe you have committed or
Anything you say to the police, no matter when or where you say it, may be are about to commit a certain kind of offence – for example:
used by them. • theft, burglary or assault
• public transport offences
When you talk to the police there is no such thing as speaking ‘off the record’. • fishing offences
The police can use what you say to decide if they will arrest or charge you. • if you buy alcohol when suspected of being under 18.
Anything you say to the police can be used as evidence against you in court.
Tell the police you want to speak to a lawyer before you say anything. Do not Case study
answer some questions and not others. This may be used against you later to Paul and Rita were walking along the street. A police officer
suggest you are hiding something from police. Say ‘no comment’ to every approached them asking them if they knew anything about a
question until you get legal advice. robbery down the road. Paul became stressed because he felt the
police only stopped him because of his dreadlocks. Paul gave the
officer a false name and address. The officer then checked the
details and charged Paul with ‘providing a false name and address’.
Paul got a summons to go to court and was fined $200.

It can be scary when the police start to ask you questions.

Staying calm means avoiding problems. When Paul lost his cool
he made a decision that got him into real trouble. You must give
your correct name and address if police have reasonable grounds
to suspect you have committed or are committing an offence, or if
you could help in the investigation of an indictable offence.
Speaking to the police

You cannot be charged with giving a false name and address when the police
are not legally allowed to ask you for these details.

Name and address

In some cases the police do not need to believe that you have committed any
offence before they ask for your name and address – for example, if:
• you are the driver of a motor vehicle or motorbike
• the police believe you have information that could assist them in the
investigation of an indictable offence.

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¡ Your rights Police powers in Victoria

¡ Under arrest
• you are in an area that is named in a court order under the terrorism laws The police can only arrest you when they think you have broken a law or they
• the police reasonably believe you are named or are in the care of a person have a warrant.
named in a court order under the terrorism laws.
See ‘Terrorism laws’ in ‘Under arrest’. Case study
A local shop owner reported some new graffiti on the side of her
Getting police details shop. The local patrol car stopped to ask Hung and Fred if they knew
When the police speak to you they must tell you their name, identification anything about it. The police officer noticed paint, the same colour
number, the name of the police station where they work and their rank. Also, if as the graffiti, on Fred’s hands. Fred said he had been painting a
you ask for these details in writing, they must give them to you in writing. This fence at home. The police arrested Fred because they believed he
information may be useful later. was involved in the graffiti.

The police can be fined for not giving you their name, identification number, The police had the right to arrest Fred in this situation because
police station and rank. You need to make a complaint for this to happen. A there are reasonable grounds to suspect that he was involved
lawyer can help you do this. in painting graffiti. Fred needs legal help because the police will
See ‘Complaints about police’. now try to prove in court that Fred did the graffiti.

Name and address on public transport When you are arrested the police may handcuff you and take you to the police
Public transport inspectors can ask for your name and address if they believe station.
on reasonable grounds that you have committed or are about to commit an
When the police take you into custody you should always ask the police officer
offence. They can only ask for your name and address about public transport
‘Am I under arrest?’ and ‘Why am I under arrest?’
offences. It is a criminal offence to refuse to give your name and address to a
public transport inspector if they are questioning you about public transport Police must tell you that you are under arrest unless it is not practical for them
offences. You can be fined for this offence by the court. to tell you – for example, if you are being violent towards them.

When do I have to go with the police?

When the police arrest you, you must go with them.
The police might ask you to go with them to the police station without arresting
you. You can choose not to go with the police.
Sometimes you must go with the police when you are not under arrest – for
Name and address

example, when the police want to do a ‘breathalyser’ test (for alcohol) or a drug
test. After this, you must go with the police to get a blood test if they ask you to.

Under arrest
The police have special arrest powers if they believe you are mentally ill.
See ‘Mental impairment’.

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¡ Your rights Police powers in Victoria

What if I disagree about the arrest? When you think the police are keeping you in custody for too long:
If you refuse to accept your arrest, police can use reasonable force to arrest • ask when they are going to charge you with an offence or release you
you. Reasonable force means using enough physical force to arrest you, and no • ask to phone a lawyer
more. If you try to stop the police from arresting you, you can be charged with • make a complaint later.
‘resisting (trying to stop) arrest’. The police can only use reasonable force if the See ‘Complaints about police’.
law says that there are reasons to arrest you. If the police use force to arrest you
without a reason you can make a complaint. When will I be released or charged with an offence?
See ‘Complaints about police’. After the police have spoken to you, you may be:
• released from police custody without being charged
What happens after I am arrested? • released from police custody but charged later – in this case the police will
When the police arrest you, you may be: serve charges at a later date (‘on summons’)
• questioned by police • charged but released on bail
• taken to a police station • charged and kept in custody until you go to court – for example, if you are
• asked to give your name and address for police records arrested on Friday night you will go to court on Monday morning.
• formally interviewed by the police Bail
• fingerprinted by the police Bail means you are released from custody if you promise to go to court to face
• charged by the police the charges against you. The police can give you bail at the police station.
• taken to a bail justice or to a court to make a ‘bail application’.
When the police do not think bail is right for you they must take you to court,
where you can apply for bail yourself. The court will decide if you should get
How long can the police hold me?
bail. When the court is closed, the police will take you to a bail justice – for
The police can only keep you in custody for a reasonable time before they charge
example, over the weekend. If they refuse your bail then you have to stay in
you. The law does not define a reasonable time. The length of time changes with
custody until you can go to court and make a bail application.
the seriousness of the offence and how long it takes the police to question you.
A lawyer can help you make another bail application if the court will not give
Reasonable? you bail.
Mary was caught stealing food from a shop. The police arrested
Mary and then interviewed her for one hour at the police station. Koori community
The time it took to do this could be considered reasonable in the If you are Koori and you are taken into custody, the police must tell the Victorian
circumstances. Aboriginal Legal Service (VALS). VALS will contact a client services officer who
will try to speak to you to offer support and advice.
Unreasonable?
Bob was caught in a street carrying a small amount of heroin. He If there is an Aboriginal Justice Panel operating locally, then the police must
Under arrest

Under arrest
admitted this to police straight away and said he was carrying the contact it. A panel member can give you support and advice. You may be
drug for his personal use. The police kept him at the police station released into their care if the case is less serious.
for five hours before interviewing him about the drugs he was
carrying. This could be considered an unreasonable amount of time.

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¡ Your rights Police powers in Victoria

Terrorism laws Preventative detention order

There are new terrorism laws that give the police powers of arrest and The police can ask for this order if they think you are involved in a terrorist act.
detention. These laws are complicated. They are also different depending on They can also ask for this order if they think you have something connected
whether you are arrested under federal or state law. with a terrorist act. In both cases, they must believe that the order will stop the
terrorist act from happening or will help the police get evidence of the
Stop, search and seizure powers
terrorist act.
In Victoria, the police can ask a court to let them do things to stop a terrorist
act. The police can: The terrorist threat must be about to happen, within the next 14 days, or have
• demand your identification happened in the last 28 days.
• stop and search you or your car or house There are two types of preventative detention orders:
• direct you to leave somewhere or stay somewhere • interim preventative detention order – this means that you can be held
• take anything connected with a terrorist act. by the police for 48 hours
The police can also apply for a control order (under federal law), a preventative • continued preventative detention order – this means you can be held for
detention order or a prohibited contact order. up to 14 days.

Control orders A preventative detention order means the police can:

The police can ask a federal court for a control order if they think: • take you into custody
• you are training with a listed terrorist organisation • search you if they reasonably suspect you are carrying a ‘seizable’ item or
• the order will stop a terrorist act from happening. evidence of a terrorist act – for example, a gun. The police can take anything
they find
Control orders can stop you from seeing certain people and doing certain • ask for the name and address of any person who can give them information
things, like leaving Australia or going to a political meeting. that will allow them to detain you
The order can say you have to wear a tracking device and are not allowed to use • search any place at any time if they reasonably believe you are there
the internet or a mobile phone. • use reasonable force to take you into custody.
You may have to regularly report to someone, such as the police; be The police have limited powers to question you, take your fingerprints,
photographed and fingerprinted; and have counselling. The order can last for videotape or tape-record you, take a sample of your handwriting or take a
up to 12 months. photo of you. This law is complicated. If the police want to do one or more of
Under 18 – a control order cannot be made if you are aged under 16. these things, get legal advice.

16 to 18 – a control order can only apply for up to three months. See ‘Where to get help’.
Under 18 – a preventative detention order cannot be made if you are
In all cases under 16.
You can contact a lawyer to get a copy of the order. You can apply to
Under arrest

Under arrest
16 to 18 – special rules apply. Get legal advice.
the court to stop the order.
See ‘Where to get help’.

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¡ Your rights Police powers in Victoria

¡ Police questioning
Speaking to a lawyer and family or friends
In all cases When the police arrest you or when you are in custody, you can make two
You can contact someone at least once. This could be a person in phone calls. You can phone a lawyer and a friend or relative.
your family or someone you live with, or your employer, employee or
The police must give you a private space to use the phone. A private space is
business partner. You can tell them that you are under a detention
where the police cannot hear you speak on the phone.
order and cannot be contacted.
The police may not allow you to phone a friend or relative when it is a driving
You can also contact a lawyer (unless the lawyer is named in a
matter involving alcohol or drugs or when the phone call may:
prohibited contact order). Your meeting with the lawyer will be
• help a person involved in the offence get away
monitored. You have to speak in English or use an interpreter.
• help in some evidence being lost or changed
• put other people in danger.
Prohibited contact order
This order only applies if you are under a preventative detention order. It lists
Using an interpreter
people whom you cannot contact.
The police must get an interpreter when you cannot understand or answer their
Complaints questions. The interpreter must be qualified to do this work (not just a relative).
You can complain about a control order or a preventative detention order. The police pay for the interpreter.
See ‘Complaints about police’. Get legal advice first. When an interpreter is not with you during questioning, the information you
See ‘Where to get help’. give police cannot be used as evidence in court.
Note: police do not have to get an interpreter in driving matters that involve
alcohol or drugs.

Police caution
Before the police ask you questions they must give you a ‘caution’ about
your rights.
If you have been charged with an indictable offence, the police must tape-record
the caution and your response to it at the beginning of a formal police interview.

Police questioning
Under arrest

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¡ Your rights Police powers in Victoria

The caution used by police is: Case study

‘I must inform you that you are not obliged to say or do anything but Sophia was arrested late at night. The police told her: ‘You are not
anything you say or do may be given in evidence. obliged to say or do anything but anything you say or do may be
given in evidence’. The police asked Sophia to go with them to the
Do you understand that?
police station. The police did not tell her that she had the right to
I must also inform you of the following rights. speak to a lawyer. Sophia felt worried, but answered the questions
You may communicate with or attempt to communicate with a friend they asked her and signed the statement at the end.
or a relative to inform that person of your whereabouts.
Because the police didn’t advise Sophia of her rights, Sophia’s
You may communicate with or attempt to communicate with a legal
statement may be inadmissible. You have the right to speak to
practitioner.’
a lawyer before police start to formally question you. Sophia
should insist on speaking to a lawyer. The police can help her find
These rights are for your protection. It is in your best interest to make use of
one – even if it is just offering her the Yellow Pages so she can
these rights. You must tell the police when you want to use them. Do this as
look for one herself. Sophia can complain about not being given
soon as the police caution you. Do not wait. The police must let you contact a
access to a lawyer.
lawyer and relative or friend when you ask.

Under 18 – a parent or guardian must be with you before the police

Tape-recorded interviews
question you. When your parent or guardian cannot be there, the police must
The police must tape-record the caution they give you about your rights when
get an independent person to be with you before the police question you.
questioning you about an indictable offence. The police must also tape-record
any questions they ask you and your answers when they want to use this The independent person will help you and the police understand each other.
information as evidence in court. They help you understand your rights. They do not give legal advice. You can
suggest someone from your family, a friend or someone you trust to be the
The police may ask you about what you said earlier, before the tape-recording
independent person.
starts. You do not have to agree with or repeat anything you said earlier.
These comments could be used against you in court. You can say still say ‘no Any information you give the police, without an independent person, cannot
comment’ on tape even if you already spoke to the police. It will not help your be used in court. The police do not have to wait for a parent, guardian or
case when you answer some questions but not others. When you choose to say independent person when:
‘no comment’, stick with it for every question. • another person involved in an offence may get away
• waiting can cause danger for other people.
Police questioning

Police questioning
The police must give you a taped copy of the interview. The tape is important
for your lawyer. Do not lose it.
Independent Third Person
Note: for a summary offence, such as ‘loitering’ (this means hanging around, If you have a mental impairment the police must get an Independent Third
not going anywhere or doing anything in particular) or ‘drunk in a public place’, Person to be with you during any questioning.
the police do not have to tape-record what you say for it to be used as evidence
See ‘Mental impairment’.
against you. Instead the police can write down questions they ask you, and your
answers. This information can be used as evidence in court.

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¡ Your rights Police powers in Victoria

¡ Fingerprinting ¡ Signing papers

There are different rules for fingerprinting depending on your age. Attendance register book
When you are 15 or older, the police can take your fingerprints when they When you are released from a police station you will be asked to sign the
believe on reasonable grounds that you have committed an offence. The police attendance register book. By signing the book you are agreeing that the
cannot take your fingerprints for minor offences such as ‘jaywalking’ (this police have:
means walking on the road without caring about traffic) and ‘littering’ (this • not taken anything from you
means leaving rubbish in a public place instead of putting it in the rubbish bin). • treated you reasonably.

Rules for fingerprinting if you are under 18 are: You do not have to sign the attendance register book if you do not want to.
• 15 to 17 – your parents, guardian or an independent person must be with
you when the police ask to take your fingerprints. They must also be there if Undertaking of bail
your fingerprints are taken When the police charge and release you on bail, you must sign a form called an
• 10 to 14 – you and your parents or guardian must agree before you can ‘undertaking of bail’ before you can go home. This undertaking says you
have your fingerprints taken. You don’t have to agree to this. If you or your promise to go to court on a specific date and agree with any other bail conditions.
parents or guardian refuse fingerprinting, the police have to get permission
from the Children’s Court. Your parents or guardian must be with you when Statement
the police ask to take your fingerprints. They must also be there if your A statement is a written account of what you say to the police about events.
fingerprints are taken Get legal advice before making a statement to the police.
• Under 10 – the police are not allowed to ask to take your fingerprints and If you have made a statement to the police they will ask you to sign it. Read
are not allowed to take your fingerprints. the statement carefully. If you disagree with any part of it, you can change the
If you refuse to give your fingerprints, the police can use reasonable force statement before you sign it. Do not sign the statement unless you agree with
to get them. This means the police may physically restrain you to take your everything in it. You can be charged with signing a false statement.
fingerprints. If you are 17 or younger, this must be audio-taped or videotaped.

In all cases
Any force the police use must be reasonable. Get legal advice when
you are not happy with the way the police have treated you. You
may be able to make a complaint against the police.
See ‘Complaints about police’.
The police must destroy your fingerprints after six months when you
are not charged with an offence, or when you are found not guilty

Signing papers
Fingerprinting

of an offence. You can ask the police if they have destroyed your
fingerprints.

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¡ Your rights Police powers in Victoria

¡ Mental impairment ¡ Identification parades and photos

Mental impairment includes intellectual disabilities, acquired brain injury, mental Identification parades
illness and dementia. People with a mental impairment have the same rights as An identification (ID) parade is where the police put you in a line of people to
everyone else. The police must organise an Independent Third Person to be with see if a witness can name you as the person who committed the offence. A
you when they ask you questions. If an Independent Third Person is not with witness is a person who saw or heard something about your case – for example,
you, a court may decide the information cannot be used as evidence. someone who was injured by the offence.
The Independent Third Person must also be with you when the police ask you to If you take part in an ID parade, you may be mistakenly identified by the witness
have a ‘forensic examination’ or ask to take your fingerprints. The Independent as the person who committed the offence.
Third Person helps you and the police understand each other. They help you
The police cannot force you to take part in an ID parade. You can refuse to take
understand your rights. They do not give legal advice.
part in any ID parade until you get legal advice.
It is best to have an Independent Third Person who is not involved in your
situation. However, you can suggest someone from your family, a friend, or Photos
someone you trust to act as the Independent Third Person. The police may want to take your photo so they can identify you when you
Other help: the Office of the Public Advocate can organise an Independent Third are being:
Person. Call its 24-hour service on 9603 9500 or 1800 136 829 (country callers). • kept in a police cell
• released from custody on bail with conditions that you report to a local
See ‘Police questioning’, ‘Fingerprinting’, ‘Forensic procedures’.
police station and sign the bail book.

Special arrest powers The police may want to take your photo without your permission – for example,
The police can arrest you if they believe you are mentally ill and: when you are sitting in the waiting room or in a cell. You do not have to
• you have recently tried to seriously hurt yourself or someone else co-operate if you are asked to show a tattoo or part of your body for a photo.
• they believe you may try to do one of these things. You can complain if the police take your photo without your permission.

In these situations, the police can go into your house (or any place) or pick you See ‘Complaints about police’.

Identification parades and photos

up on the street. When this happens, the police must get you examined by a
doctor. The police can use reasonable force to help a doctor examine you, if a
magistrate gives them a special warrant.
The doctor might recommend that you be made an ‘involuntary patient’. This
means you can be admitted to a hospital without your consent. The police can
be asked to take you to hospital. Police should not take you against your will,
Mental impairment

unless there is no-one else who can take you and you are at risk of harm.
Other help: if you are made an involuntary patient you can appeal to the
Mental Health Review Board. Contact VLA or the Mental Health Legal Centre.
See ‘Where to get help’.

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¡ Your rights Police powers in Victoria

¡ Searching
The police can only search you or your property in some situations. The police Police can also search you at school if they suspect you are carrying illegal weapons.
can search you if: If the police search you, they can also search anything you are carrying and the
• you agree car you are travelling in.
• they have a warrant
• they are allowed to under law. In 2008, new laws let the police search you without a warrant if they reasonably
suspect that you are carrying something that can be used to make graffiti and
You should ask the police why they want to search you before agreeing. The they believe you are 14 years or older. You must be on or near public transport
police must tell you why they want to search. Searches are often very fast and property – for example, a bus shelter, or trespassing on someone else’s property.
confusing. Stay calm. Talk to a lawyer as soon as possible. If the police do not
have the legal right to search you, they cannot force you to have a search. You can be fined if you are caught carrying a ‘prescribed graffiti implement’ –
for example, a spray can. It does not matter if you were not intending to graffiti.
If the police are allowed to search you and you try to stop it happening, you can You can also be fined if you are caught carrying any other graffiti implement –
be charged with ‘hindering’ police. Hindering police means trying to stop the for example, a texta. The police must prove that you were intending to graffiti.
police when they are doing their duty.
Note: if you are in an area with a lot of violent crime, the police may be more
Note: if you are in an area with a lot of violent crime, police can use this fact to likely to suspect you of carrying an illegal weapon.
work out whether they have reasonable grounds to search you.
Under 18 – the police cannot search you for alcohol but they can take it from
Terrorism laws allow police to search without reason if you are in an area that you if they see you with it.
a court has authorised is a ‘target area’. For instance, the court may say that a
certain house is a target area. If you are in that house the police can search you If you are under 18, and are being searched in relation to graffiti offences, you
without any reason. can only be given a pat-down search.

See ‘Terrorism laws’ in ‘Under arrest’. The police can search you if you are under 18 and they suspect you are going
to inhale a volatile substance (chroming). It is not a crime to chrome. The
In public police can stop you and take you somewhere safe if they think you will hurt
The police can search you in a public place without a warrant if they believe on yourself by chroming.
reasonable grounds that you are:
• in an area that is the target of an authorisation under the terrorism laws, or Case study
• carrying Mario and three mates were talking outside a shopping centre. The
- illegal drugs police approached Mario and demanded that he show them what is
- things that can explode or ignite in his bag and pockets. Mario and his friends often hang out at the
- something that could be used to make graffiti – for example, spray paint, shopping centre and have never done anything wrong.
gouging tool or even a texta
- guns or offensive weapons like knives, imitation guns and martial arts Before the police can search Mario they must either arrest him or
weapons like knuckle-dusters and nunchakus. have reasonable grounds to suspect he is hiding drugs, a graffiti
Searching

Searching
marker or a weapon. In this situation, Mario should not try to stop
The police can search you in any public place including in a shop, at the train them as it may make the situation worse. Mario could later make
station, on public transport (buses, trams or trains) or in a hospital or welfare a complaint that he was searched illegally.
centre – for example, the Salvation Army.

20 21
¡ Your rights Police powers in Victoria

In custody or under arrest Private property

The police can search you if you are in custody or under arrest to take things The police usually need a search warrant to enter and search private property – for
from you that could be used as evidence in court. example, your home. However, the police may go into private property without a
search warrant when:
Searching the person • you let them in
Pat-down search • they have a reasonable belief that a serious offence will be or has been
Police use their hands to feel over the outside of your clothes. The police can use committed and they need to go into the house to arrest someone
a metal detector to look for something they reasonably suspect is a weapon. The • they need to stop a ‘breach of the peace’ – for example, a fight
police can ask you to empty your pockets or remove your outer clothing – for • there has been a breach of an intervention order
example, your jacket or hat. The police can ask you to show them something they • they are chasing someone who has escaped from prison or police custody
believe is a weapon. You could be charged and fined if you refuse to do this. • they have a warrant to arrest someone
Pat-down searches can be done anywhere. The police must make a written • they have a reasonable belief that illegal drugs are on the property.
record of the search. The police must give you a receipt when they take The police can also search your home without your knowledge if they reasonably
anything away from you. suspect that a terrorist act will be or has been committed. The police must apply to the
Strip search Supreme Court for a warrant to carry out the search. The court has to be convinced
Police remove and search all of your clothing. These searches must be done in a private that terrorism is involved and that the activity is not simply a protest or industrial
place, usually at a police station. A strip search usually happens when the police are action. The police must report back to the court within seven days of the search.
looking for something they could not find in a pat-down search. Under terrorism laws,
strip searches can only be carried out on people who are named in a court order. In all cases
The police must use reasonable force when they search you. They
Internal body search
cannot use any more force than is necessary – for example, if you
Only doctors can do internal body searches. The doctor must be the same sex as
are not resisting the search, the police have no reason to be rough
you. The police can ask for an internal body search. You have the right to refuse.
with you.
If you refuse, the police must get permission from a court to do the search.
If the police search you, they must make a written record of this. You
See ‘Forensic procedures’.
can ask for a copy of the record at the time or later. This is free if you
ask for the record within one year of the search.
Cars
The police can search your car, even if you are not in it, if they believe you are You must be searched by a police officer of the same sex as you. If you
carrying: are not happy with the search, talk to a lawyer as soon as possible.
• illegal drugs
• something that could be used to make graffiti – for example, spray paint,
gouging tool or even a texta
Searching

Searching
• firearms and offensive weapons like knives, imitation guns and martial arts
weapons – for example, knuckle-dusters and nunchakus.
The police can also search your car if you are in a target area under the
terrorism laws.

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¡ Your rights Police powers in Victoria

¡ Forensic procedures ¡ Complaints about police

A forensic procedure is an examination of your body. Some forensic procedures When you want to complain about the police, do it as soon as possible after
involve taking intimate body samples like blood; pubic hair; anal, genital or the incident. Talk to a lawyer first, especially if you have been charged with an
breast swabs; saliva; and mouth or dental impressions. offence. You can get free legal advice from VLA or a community legal centre. Do
A qualified doctor or dentist must do these procedures. The police must tell you this as soon as possible.
before the procedure that you do not have to answer any questions asked by Under 18 – you can make a complaint about the police regardless of your
the doctor or dentist. age. Get legal advice.
The police may take non-intimate body samples from you. These include
samples of hair, fingernail or toenail scrapings, and some external body swabs. Case study
Hassan organised a National Independence Day party. The fireworks
Depending on your age, there are different rules about the police taking body
display had just started when the police arrived to check if he had a
samples:
licence for the fireworks. He did not understand why the police were
• 18 and older – you do not have to agree to give body samples. If you there and was afraid. A struggle broke out and Hassan was hurt.
refuse, the police can apply to a court for permission to take a sample, or a He believed the police caused his injuries. At the station, he was
senior police officer can approve non-intimate body samples without having charged with possessing fireworks, resisting arrest and assaulting
to apply to court police. After he was released from the station, Hassan went to the
• 10 to 17 – the police must get permission from a court before taking a body doctor to have his injuries documented. He also wrote down what
sample. A parent, guardian or independent adult must be with you if a body happened and asked a friend to take photos of his injuries. The next
sample is taken day he contacted the Office of Police Integrity to complain about
• Under 10 – the police cannot take body samples from you. what happened.

In all cases If you want to complain about the police, it is important to do it

Get legal advice before agreeing to give body samples. quickly and to write down everything you can remember about
what happened. VLA or a community legal centre can help you.

A bad experience with police can be very stressful and may affect your health or
relationships. You can get free support and help to deal with this.

Complaints about police

See ‘Where to get help’.
Forensic procedures

How can I complain?

When you want to complain about the way the police treated you, write down
everything that happened. Do this as soon as possible. Include:
• the names of the police officers involved and their identification numbers, if
you have them
• what happened to you
• the date and time when it happened.

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¡ Your rights Police powers in Victoria

If you have been hurt: • Ethical Standards Department

• see a doctor straight away Level 2, Flinders Tower, World Trade Centre, 637 Flinders St, Melbourne 3005
• get someone to take a photo of your injuries Tel: 1300 363 101 or 1800 818 387 (country callers) Monday to Friday from
• write down as much as you can about who hurt you, including their name, 8 am to 5 pm; phone messaging system operates 24 hours a day, seven days
rank and police station where they work a week
• write down what actually happened, who said what and the names and
contact details of any witnesses (people who saw what happened) www.police.vic.gov.au – follow ‘Contact us’ link to ‘Police behaviour’
• write down the name of the last person to see you before you were hurt and Complaints about police are handled by the Customer Assistance Police
the first person to see you afterwards – ask them to write their own notes as Conduct Unit. This unit is part of the police force.
soon as possible To make a complaint about the Australian Federal Police, contact:
• contact a lawyer who will help you make a complaint.
• Ombudsman (Commonwealth)
VLA, a community legal centre or a private lawyer can help you make a complaint. Level 10, 2 Lonsdale St, Melbourne 3000

Where can I complain? Tel: 1300 362 072

Contact VLA or a community legal centre for legal advice before making a www.ombudsman.gov.au – follow ‘Complaints’ link
complaint about the police. Complaints about treatment by the Federal Police can also be made to the
You can make a complaint to the police at any time. When you are being officer in charge of the station where you are charged.
‘signed out’ from a police station the police will ask if you have any complaints.
You do not have to make a complaint at this time. You can still complain later. Can I take the police to court?
See ‘Signing papers’. If you believe you have suffered a genuine wrong by the police and you
have evidence of your suffering and loss, then you can sue the police for
You can make a complaint to a police duty inspector or any police officer in compensation/damages. These cases are usually very serious. Get legal advice as
charge of a police station – it does not have to be the station where you were soon as possible after the incident.
charged.
To make a complaint about Victoria Police contact: Koori community
• Office of Police Integrity The Victorian Aboriginal Legal Service (VALS) offers special assistance to Koori
Complaints about police

Complaints about police

Level 3, South Tower, 459 Collins St, Melbourne 3000 people who want to make a complaint about the police. Contact VALS to get
information, support and free legal advice about your options.
Tel: 8635 6188 or 1800 818 387 (country callers)
See ‘Community legal centres’ in ‘Where to get help’.
www.opi.vic.gov.au – follow ‘Complaints’ link to ‘How to make a complaint’
Complaints about police can be made to the Office of Police Integrity (OPI)
instead of, or as well as, making a complaint directly to the police. The
OPI is not part of the police force. It handles complaints against police and
investigates police corruption and serious misconduct.

26 27
¡ Your rights Police powers in Victoria

¡ Where to get help

Your human rights
The Charter of Human Rights and Responsibilities Act 2006 sets out rights, Victoria Legal Aid
freedoms and responsibilities for people living in Victoria. Contact us for free information about the law and how we can help you.
You can speak to someone in English or ask for an interpreter.
These rights and freedoms include:
• the right to protection from cruel, inhuman or degrading treatment (for VLA Legal Information Service
example, the right not to be humiliated by an arresting officer) Open Monday to Friday, 8.45 am to 5.15 pm
• freedom of expression (how and what you say, write, think, create or receive) Tel: 9269 0120 or 1800 677 402 (country callers)
• freedom of association and peaceful assembly (people and groups you See back cover for office locations.
communicate or mix with).
www.legalaid.vic.gov.au
The Victorian government and its agencies must consider these rights and
freedoms when they make laws and provide services to the public. This includes
the Victoria Police and public transport inspectors. Community legal centres
Contact community legal centres for free, independent and confidential legal
You cannot take legal action over a breach of the charter. You may, however,
information and advice.
be able to argue that your human rights have been breached in a case that is
already happening in a court or tribunal. Even if you are found guilty of the www.communitylaw.org.au
offence, the charter right may still stand. Albury Wodonga Community Legal Service Tel: 6056 8210
For example, you may have been arrested for not having a valid train ticket and Brimbank Melton Community Legal Centre – Deer Park Tel: 9363 1811
the inspector breached your human rights in some way when arresting you.
Brimbank Melton Community Legal Centre – Melton Tel: 9971 1800
Even if you are guilty of the transport offence, the arresting officer may
Broadmeadows Community Legal Service Tel: 9302 3911
have been guilty of breaching their duty towards you. They may be liable for
disciplinary action or criminal prosecution. Casey Cardinia Community Legal Service Tel: 9793 1993

You can also make a complaint to the Ombudsman that the police or public Central Highlands Community Legal Centre Tel: 5331 5999
transport inspector did something against your human rights. The Ombudsman Coburg / Brunswick Community Legal &
cannot force those people to act in a certain way but they can recommend that Financial Counselling Centre Tel: 9350 4555
Complaints about police

they do something differently.

Darebin Community Legal Centre Tel: 9484 7753
The Ombudsman can also recommend that people be prosecuted or disciplined
Eastern Community Legal Centre Tel: 9877 5777
for misconduct.

Where to get help

Essendon Community Legal Centre Tel: 9376 7929
For more information about the charter, and a list of the charter rights and
freedoms, go to www.humanrightscommission.vic.gov.au or call the Victorian Fitzroy Legal Service Tel: 9419 3744
Equal Opportunity and Human Rights Commission (VEOHRC) advice line on Flemington and Kensington
9281 7100 or 1 800 134 142 (toll free). Community Legal Centre Tel: 9376 4355 or country callers 1800 677 402
If you think that your human rights may have been breached, talk to VEOHRC, Footscray Community Legal Centre Tel: 9689 8444
VLA or a community legal centre.

28 29
¡ Your rights Police powers in Victoria

Loddon Campaspe RMIT Union Legal Service City and Brunswick campus Tel: 9925 2861
Community Legal Centre Project Tel: 5444 4364 or toll free 1800 639 121 RMIT Union Legal Service Bundoora West campus Tel: 9925 7273
Geelong Community Legal Service Tel: 5221 4744 SRC Legal Service - La Trobe University Tel: 9479 2469
Gippsland Victorian Aboriginal
Community Legal Service Tel: 5133 0411 or toll free 1800 004 402 Legal Service Tel: 9419 3888 or toll free 1800 064 865 (24 hrs)
Monash Oakleigh Legal Service Tel: 9905 4336 Youthlaw Tel: 9611 2412
Murray Mallee
Community Legal Service Tel: 5023 5966 or toll free 1800 243 002 Other services
North Melbourne Legal Service Tel: 9328 1885 Kids Help Line
Free, confidential and anonymous 24-hour telephone and online counselling
Peninsula service for young people.
Community Legal Centre Tel: 9783 3600 or toll free 1800 054 764
Tel: 1800 551 800 (free call)
Peninsula Bentleigh Branch Tel: 9570 8455
www.kidshelp.com.au
Peninsula Cranbourne Branch Tel: 5995 3722
Lifeline
Public Interest Law Clearing House – Free, confidential and anonymous 24-hour telephone counselling service
runs clinics for homeless people Tel: 9225 6680 for adults.
Southport Community Legal Service Tel: 9690 9144 Tel: 131 114 (local call cost)
South West Community Legal Centre Tel: 1300 361 680
Springvale Monash Legal Service Inc. Tel: 9562 3144 Do you need an interpreter?
If you need an interpreter to help you speak to any of these services
St. Kilda Legal Service Co-Op Ltd Tel: 9534 0777
you can call
Werribee Legal Service Tel: 9741 0198
Telephone Interpreter Service
West Heidelberg Community Legal Service Tel: 9450 2002
Tel: 131 450
Western Suburbs Legal Service Tel: 9391 2244
Ask the interpreter to put you through to the service you need.
Whittlesea Community Legal Service Tel: 9401 6655
The Telephone Interpreter Service is free if you are calling VLA. It is also
Where to get help

Where to get help

Disability Discrimination Legal Service Tel: 9654 8644 free for most government agencies and community organisations.
Melbourne University Student Union Legal Service Tel: 8344 8687
Mental Health Legal Centre Tel: 9629 4422 or country callers 1800 555 88

30 31
¡ Your rights

Further resources
Law Institute of Victoria
More information about the police, crime and the criminal justice system.
www.liv.asn.au/public/legalinfo/crime/
The Law Handbook
A summary of the law. Available from the VLA library at the Melbourne office
(see address list on back cover).
Victoria Legal Aid publications
You can get free booklets about the law and your rights from VLA.
You can order booklets from our website www.legalaid.vic.gov.au
or by phoning 9269 0223.
Our booklets include:
• Am I old enough? – a guide to the law for young people
• Applying for an intervention order
• Overdoses, the law, safer injecting – a guide to legal and health issues for
intravenous drug users
• Responding to an intervention order
• Sexual assault: the law, your rights
• Using disability discrimination law
• Your day in court – a booklet for people who have to go to a Magistrates’
Court because they have been charged with a criminal offence.
Where to get help

32
¡ Your rights
Police powers in Victoria

VLA Legal Information Service

Tel: 9269 0120
Country callers: 1800 677 402

VLA offices
MELBOURNE RINGWOOD HORSHAM
350 Queen St Outer eastern suburbs Wimmera region
Melbourne VIC 3000 23 Ringwood St 29 Darlot St
Tel: 9269 0120 Ringwood VIC 3134 Horsham VIC 3400
Country callers: 1800 677 402 Tel: 9259 5444 Tel: 5381 6000
Toll free: 1800 177 638
Suburban offices SUNSHINE
Western suburbs MORWELL
BROADMEADOWS
1/474 Ballarat Rd Gippsland region
North western suburbs
Sunshine VIC 3020 Cnr Chapel & George St
Level 1, Building 1
Tel: 9300 5333 Morwell VIC 3840
Broadmeadows Station Centre
Tel: 5134 8055
1100 Pascoe Vale Rd Regional offices
Broadmeadows VIC 3047 BAIRNSDALE
BALLARAT
Tel: 9302 8777 Gippsland region (branch office)
Central Highlands region
101A Main St
DANDENONG Area A, Level 1
Bairnsdale VIC 3875
Westernport region 75 Victoria St
Tel: 5153 1975
Level 1, 9-15 Pultney St Ballarat VIC 3350
Dandenong VIC 3175 Tel: 5329 6222 SHEPPARTON
Tel: 9767 7111 Goulburn region
BENDIGO
36-42 High St
FRANKSTON Loddon-Campaspe region
Shepparton VIC 3630
Peninsula region 424 Hargreaves St
Tel: 5823 6200
Cnr O’Grady Ave & Dandenong Rd Bendigo VIC 3550
Frankston VIC 3199 Tel: 5448 2333
Tel: 9784 5222 Toll free: 1800 254 500
PRESTON GEELONG
North eastern suburbs Barwon region
42 Mary St Level 2, 199 Moorabool St
Preston VIC 3072 Geelong VIC 3220
Tel: 9416 6444 Tel: 5226 5666
Toll free: 1800 196 200

Publication orders
To download or order VLA publications in English or other languages go to www.legalaid.vic.gov.au
If you need help ordering online please call VLA on 9269 0223
PP-CL-ENG-0508