Your rights when stopped by the police
- Give your name and address ONLY.
- Don’t say anything else unless you have spoken to your lawyer.
- Police are allowed to search your house with a warrant. They can search your vehicle and your body if they have a reasonable suspicion of criminal activity.
- Never invite police inside your home – unless they have a warrant then see item 3 above. If they do execute a search at your home, make sure you do not answer any questions and you double check the documentation of items are seized. If you have any concerns over the conduct of the police, your lawyer will raise those concerns at a later date. You should remain calm whilst they are at your property.
- Do not attend a police station to “answer any questions”. The only time you need to attend a police station is if you are under arrest. When you are arrested you should not answer any questions and exercise your right to silence.
- If you are arrested and charged, ask for bail or to be brought before a magistrate as soon as possible.
- You are not required to meet with ASIO to answer any questions, unless they present you with a questioning warrant. If you are contacted by ASIO, you should contact your lawyer for advice. You should not disclose any details over the phone when making the appointment to see your lawyer.