The police may arrest you if they suspect on reasonable grounds that you have committed an offence, or you are committing an offence or you are in the act of committing an offence. See section 99 of the Law Enforcement (Powers and Responsibilities) Act 2002 (the “Act”)
The police may also arrest you if there is a warrant out for your arrest (section 101 of the Act) or if you have breached your bail conditions (section 50 of the Bail Act 1978).
Section 201 of the Act provides that the police must tell you the reason for arresting you, their name and place of duty. This information must be provided to you before or during the arrest unless it is not practicable to do so.
The police can use force to arrest you, however it must be reasonable force. See section 231 of the Act. Anything in excess of reasonable force may be deemed as assault.
In accordance with section 99(3) of the Act the police must not arrest you unless they suspect on reasonable grounds that arresting you is necessary to:
After arrest, how long can the Police detain you?
The police may detain you for up to four hours after you have been arrested for the purpose of questioning and investigation. You should be aware that the police may apply to the Court to extend your detention time to a further eight additional hours. The police must release you at the end of the period or take you to Court for Bail purposes.
MOVE ON DIRECTIONS
Can the police move you on from a public place?
Under section 197 of the Act the police may give you reasonable direction to move on in a public place if they have reasonable grounds to believe that your presence or conduct:
- is obstructing another person(s) or traffic; or
- constitutes harassment or intimidation of another person(s); or
- is likely to cause fear or is causing fear to another person(s) as long as that conduct would be such to cause fear to a person of reasonable firmness; or
- is for the purpose of supplying or obtaining a prohibited drug.
The exception to this law is where you are taking part in an industrial dispute, demonstration or protest, procession or organised assembly.
The direction must be reasonable in the circumstances in order to reduce or eliminate the above mentioned scenarios. See section 198(2) of the Act.
What if you refuse to obey a Police officers direction?
If you refuse to obey a reasonable direction given by the police then you are liable to a fine of $220.00 (section 199 of the Act). The police must however warn you once that any failure to comply with a direction is an offence.
SEARCH
When are the Police allowed to search you?
The powers of the police to search you are set out in section 23 of the Act and include the following:
- Where the police have a search warrant;
- You agree to be searched;
- Whilst under arrest or in custody;
- They suspect on reasonable grounds that you are carrying stolen goods, a weapon, something about to be used in a serious crime, a prohibited drug;
- Your car if the police believe it has been involved in an indictable offence or where there may be serious risk to public safety;
- Under emergency public disorder powers within a target area or target road. Under such circumstances the police do not need a warrant or reasonable suspicion.
The police in most cases only require reasonable suspicion that you have something, which may be illegal on you.
The police may search your vehicle without a warrant under the same circumstances mentioned above.
What type of searches can the Police conduct?
The are three main types of searches, they are a frisk search, an ordinary search and a strip search.
A frisk search is where an officer runs his/her hands over your outer clothing or by passing an electronic metal detection device over or close to your outer clothing.
An ordinary search means a search of you or articles in your possession such as removing your outer clothing and an examination of those items.
A strip search means you will have to remove all of your clothes and be subject to an examination of your body and clothes. This however must not be carried out unless it is necessary and there are serious and urgent circumstances. See section 31 of the Act.
If you require advice on the above mentioned or have any questions on police powers and your rights please contact our office at any time.
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