Dealing with the police

If you are stopped by the police

Ask why you were stopped, and whether you are under arrest. If you are not, and you do not wish to speak to the police, you have the right to walk away. But ...

If you are driving a car, or carrying a firearm, or suspected of having committed an offence, you have to give the police your name, address and date of birth. If you refuse, you can be arrested.

Plain-clothes officers must show police identification on request.

If you are arrested

Don't struggle. If they have made a mistake, get a lawyer to sort it out later. Resisting arrest is an offence and can lead to a violent confrontation and serious consequences in court.

As soon as the police arrest you, they must inform you:

• That you are not obliged to say anything, and anything you do say may be given in evidence.
• That you have the right to consult a lawyer in private and without delay.
• The reason for your arrest.

If you are under 17, the police are required to take you home, or contact your parents/caregiver to advise them of your situation. Obviously the circumstances may dictate what happens next. For example, if both parents are working, it may make more sense for one of them to come to the police station.

If you don't want to go home, the police will contact Child, Youth and Family Services (CYFS). If it's the middle of the night, they may have to take you to a police station while they make arrangements with CYFS.

When you get to the station

The police must supply a contact list of experienced lawyers (paid for by the state) who are available 24 hours a day, and a telephone where you can talk to one of those lawyers in private and without delay.

If you are under 17, the police cannot interview you on your own. A parent or other adult support person (in addition to a lawyer, if you want one) must be present.

It is standard practice for police to search people they arrest, to discover if they have concealed weapons or evidence (such as drugs) on them.

If you haven't been arrested, they usually need your consent or a search warrant. But some laws, including the Misuse of Drugs Act, give police the right to search you if they have reasonable grounds to believe you have committed an offence under that Act.

Fingerprints and photographs

These will be taken after you're arrested. If you are later convicted of the offence, or diverted, these will be kept on file forever. If you are acquitted, or the charges are withdrawn, they must be destroyed.

When the police have finished with you

After this you may be allowed to leave the station (bailed), and will be given a piece of paper with the date on which you must appear in court. You will not have to pay money or "post bail" as in the US.

Making a complaint

If you want to complain about the way you have been treated, try to note the relevant officer's number (on their shoulders) and ask (politely) for their name.

If you were injured, get photographs taken and see a doctor, and ask for a copy of their report.

You can ask for advice on how to complain from a community law centre or the Police Complaints Authority.