The document outlines the rights and procedures an individual should know when interacting with or arrested by the police in New South Wales, Australia. It discusses what can happen if you are stopped but not arrested, the grounds for arrest, what to do if arrested including asking for a lawyer and bail. It also covers search procedures, indigenous rights, and obtaining legal assistance. The document provides important information about how to safely and legally handle interactions and arrests with the police.

1. Know Your Rights
Against
the Police in NSW
Presented By Owen Hodge Lawyers

2. Overview
1. Introduction
2. What happens if you are not being formally arrested
3. What happens when an officer stops you?
4. You can be arrested if …
5. Ask if you are being arrested …
6. What happens if you are being arrested?
7. What if you are an indigenous person?
8. What happens if the police want to search your person, your car, or your home?
9. What are the two methods of searching?
10.What happens during the course of the entire arrest experience?
11. Get the help from us

3. Introduction
Even under the best of circumstances interaction
with a police officer can be unnerving.
It is important to remember that when you are
engaging with an officer it is always best to remain
calm, polite and respectful. Any form of aggressive
or angry behavior can be interpreted as resistance
which can only escalate the situation.

4. What happens
if you are not being formally arrested?
If you are not being formally arrested the
police can only interfere with your
activities if you are behaving in a way that
is disturbing the peace by annoying those
around you, obstructing the natural flow of
traffic, exhibiting behavior that is harmful
to yourself or others, or attempting to sell
or procure an illegal substance.
Under these circumstances the police can
ask you to “move” along.

5. What happens
when an officer stops you?
Once an officer stops you they can ask you for
identification,” including your name and address if;
• You are driving a motorcycle or a car
• You are under the age of 18 and it appears as if
you are inebriated or on drugs
• They believe you were near the site of an
accident and have information that may be of
assistance to them
• You were in a motor vehicle accident”

6. You can be arrested if ….
You are actively
committing an
offence
You are disturbing
the peace
There are reasonable
grounds to believe you
committed an offence
If the officer wishes
to apply for an
urgent AVO against
you”
You have
violated your
bail conditions
A warrant has
been issued for
your arrest
The officer needs to serve
you with an Apprehended
Violence Order (AVO) or has
a warrant to serve you with
an AVO

7. Ask if you are being arrested ….
If you are not being arrested the officer cannot insist
on interviewing you.
Therefore, before you agree to go to the police
station for any form of interrogation, you should ask
if you are being arrested.
If you are being arrested, then you have the right to
refuse to be interviewed and you may leave the
scene.

8. What happens
if you are being arrested?
If you are being arrested it is imperative that you remain calm
and do not resist arrest.
Remain aware of the circumstances surrounding your arrest,
take note of the officer’s name, ask if you are being formally
arrested and what the charge is and ask to phone a family
member or friend and a lawyer.
Listen carefully to your rights as they are read to you, including
the officer’s obligation to tell you that you have the right to
remain silent and that any information you proffer can be used
in a court of law.

9. What happens
if you are being arrested?
Once the arrest has taken place the police can take your
fingerprints, photo, and palm prints for identification
purposes.
You do not have to agree to participate in an identification
“parade,” but the officer can submit your photo to the
victims or others for possible identification confirmation
or purposes.
Finally, you can request bail be set which, if posted for
you, will allow you to leave the confines of the police
station. If you are not informed of your right to bail, you
should ask for bail to be set by the magistrate.
Bail must be set within a reasonable time of the actual
arrest and at a reasonable amount.

10. What if
you are an indigenous person?
If you are an indigenous person, your rights are slightly
different.
Therefor it is important for you to let the officer know that you
are an indigenous person so that the Aboriginal Legal Service
(“ALS”) can be properly notified.
In addition, if you are a non-English speaking individual, the
officer must make arrangements for you to have an
interpreter.

11. What happens
if the police want to search your person,
your car, or your home?
During the course of an arrest it is possible the
officer will want to search your person, your car,
or your home.
In general, a police cannot search you or your
premises or your vehicle without your consent or
a search warrant. However, there are exceptions
to both of these situations. Your lack of consent
can be overridden if the officer has a reasonable
belief that you are carrying a weapon, a stolen
item, or an illegal substance.

12. What happens
if the police want to search your person,
your car, or your home?
The officer can also search you and/or the area
under your immediate control, without a search
warrant, if he/she “reasonably believes you are
in possession of a dangerous weapon, illicit
drugs, stolen or unlawfully obtained property or
an object used to commit a crime, or cause harm
to themselves or another person.”.

13. What are
the two methods of searching?
The two methods of searching are either a frisk
search or a strip search.
A frisk search involves the officer using their hands
or a device designed to detect metal, along the
outside of your clothes.
A strip search requires your clothing be removed in
a place of privacy with an officer of the same sex
and a witness of your choosing. A strip search is
only permissible if the police believe it to be
“reasonably necessary, serious and urgent.”

14. What happens
during the course of the entire arrest
experience?
During the course of the entire arrest experience,
the police are not allowed to use excessive force.
However, they are allowed to use reasonable force
when justified. Therefor it is most important that
the use of force not be incited during an already
difficult and situation.
Being in a position of possibly being arrested or
actually being arrested is a very serious event. In
either circumstance it is imperative that you
remain calm, respectful and cooperative. By
containing your emotions and your behavior you
will be better able to remain rational, make sound
judgements and ask the proper questions.

15. Get the help from us
In the event that you are faced with these
particular issues and concerns, please contact
the offices of OwenHodge Lawyers.
At Owen Hodge, we are always happy to assist
clients in understanding the full ramifications of
any and all of your legal needs.
Please feel free to call us at your earliest
convenience to schedule a consultation
at 1800 780 770.