If you're being held for questioning about an indictable offence, the police can hold you for up to 8 hours, but they can only question you for up to 4 hours. See being arrested.
You may place a person under citizen's arrest if you believe on reasonable grounds they have committed an offence or are in the course of committing such an offence. Reasonable grounds means you have direct evidence that 'constitutes belief' that the person has committed an offence.
If you're wondering, can police access your phone in Australia during a search? The answer is yes. Police can search and seize property, including phones, computers, illicit substances, weapons, or cash, when searching a person, vehicle, or home.
No. If the police believe you have information about a crime, they may ask you to attend and participate in a police interview; but you do not have to attend.
How long do you stay in custody? The police can only keep you in custody for a reasonable time before they charge you. The law does not say what a reasonable time is. This depends on the seriousness of the offence and how long it takes the police to interview you.
Without charge
If you're being held for questioning about an indictable offence, the police can hold you for up to 8 hours, but they can only question you for up to 4 hours. See being arrested.
Giving your name and address
The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you: have committed an offence.
The Police Can Charge You Without Hard Evidence
The police can't charge you without any evidence at all. However, they can charge you if they have any reason to believe you may be involved in an incident or had the intent to commit a crime.
The statement, which even many Australians will know off by heart, essentially reads as follows: "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you."
This means that you cannot be forced to be interviewed by police. In fact, the law provides that if you choose to remain silent, your silence cannot be used against you in court. Practical Hint: Your right to silence includes the right not to have your refusal to participate in an interview recorded.
Thanks to the Telecommunications (Interception and Access) Act (TIA Act), law enforcement and other agencies can access stored communications with a warrant. This can include "email, SMS or voice messages stored on a carrier's network". In other words, the contents of any communication not encoded via encryption.
What is the Penalty If I Refuse to Give Police My Password? It is an offence for a person subject to a digital evidence access order to refuse or fail to provide their phone or computer password, without a reasonable excuse, or to provide false or misleading information, whilst purporting to comply with the order.
Law enforcement may also tap your phone using “tap and traces” or “pen registers,” which don't require a wiretap order. These methods don't record actual conversations, only the phone numbers associated with the line. Tap and traces record the phone numbers calling a specific phone line.
Police are allowed to enter premises if a breach of the peace is being committed and it is necessary to enter in order to end or prevent the breach of the peace. They are also allowed to enter if a person has suffered or is in imminent danger of suffering significant personal injury.
Police have a number of powers under statute to search a private citizen's property. Under section 64 of the Magistrates Court Act an arrest warrant to carries with it the power to search any property (enter their home) where the person named in the warrant is suspected of being in hiding.
The police can search you, your property, house, vehicle or other places if: they ask for your permission (consent) and you agree to let them carry out the search. they have a valid search warrant to conduct the search (with or without your consent), or.
Answer: In Australia, you have the right to remain silent, which means you can refuse to talk to the police without a lawyer. In some situations you will be required to answer the police, and failure to do so may lead to you breaking the law.
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
It is important to know that you are not legally obligated to answer any questions asked by a police officer, aside from their request to identify you. But it is recommended that you are always polite and cooperative when dealing with police officers, which includes answering some basic questions.
Solid evidence to charge someone with a crime is not necessary. An arrest or charge against someone is only an allegation or complaint that the person either participated in or committed a crime. Police or a district attorney often file charges against someone without evidence to convict them.
Simple assault is usually the least severe assault crime, and it is generally charged as misdemeanor assault.
Reasonable doubt is insufficient evidence that prevents a judge or jury from convicting a defendant of a crime. If it cannot be proved without a doubt that a defendant in a criminal case is guilty, then that person should not be convicted.
For graffiti offences – the police officer can only give you a pat-down search. Police cannot search someone under 14. For alcohol – a police officer cannot search you for alcohol unless you agree to the search. If they see you with alcohol, they can take it from you.
Tattoos must not be offensive and can't be on the ears, face, head, scalp, or on the front or sides of the neck. Long hair must be worn appropriately to comply with health and safety rules. Police Commissioner Grant Stevens said the changes would ensure the force better reflected the community it served.
It is important to realise that, if you make a statement, it will be given to the accused and/or the accused's solicitor. You can choose to withdraw the statement at a later date if you wish by contacting the police officer in charge of investigating the matter (also called the informant).