Police & PSO's (Public Service Officers)

When a police officer asks for your name and address you have to give it to them.

You generally do not have to answer police questions, but in certain situations you must give your name and address. Refusing when lawfully asked is a criminal offence. Giving false details is also a criminal offence.

Police can ask for your name and address if they:

• Believe you have committed, or are about to commit, an offence
• Are investigating a serious offence and believe you have information that could help (they must tell you what offence)
• Have pulled you over while driving: You must stop and also show your licence or permit
• Are at a hotel, pub, bar or licensed venue: Police and staff can ask for proof of age, and police can ask your name and address without giving a reason

PSOs and authorised officers (ticket inspectors) can also ask for your name and address on public transport.

Police must tell you why they are asking: If they don’t give a reason, ask for one. If they refuse to give a reason, take note of what happened and get legal advice.

If you are under 18: The same name and address rules apply to you as to adults. You do not need a parent or guardian present just to give your name and address. It is still an to refuse or give false details.

You have the right to silence: Beyond giving your name and address, you do not have to answer any police questions. Anything you say — at any time, anywhere — can be used as evidence. There is no ‘off the record’.

• You can say: “I want to speak to a lawyer before I answer any questions.”
• You are entitled to do this. Police should help you arrange it.

If you are under 18 — police must not formally question you unless:

• Your parent or guardian is present, or
• An independent person is there — if your parent or guardian is not available, or you do not want them there
• You must be given the chance to speak privately with your parent, guardian or independent person before questioning starts.
• You have the right to answer “no comment” to all questions except your name and address — this cannot be used against you.
• Victoria Legal Aid has a lawyer available 24/7 for under 18s about to be interviewed by police: Call 1300 792 387

Police can start questioning without a parent or independent person only if someone involved in the offence might escape, or if waiting puts others in danger.

Police can only search you in a public place if they reasonably suspect you are carrying illegal drugs, illegal weapons, firearms, or graffiti implements.

• Police must tell you why they are searching you before they start.
• They must make a record of the search. You can ask for a copy at the time or later.
• You cannot be strip searched in a public place.

Extra search rules if you are under 18:

• Alcohol: Police cannot search you specifically for alcohol — but they can take it from you if they see it.
• Chroming (inhaling volatile substances): Police can search you if they suspect you are about to chrome. Chroming is not a criminal offence, but police can stop you and take you somewhere safe.
• Graffiti tools (14 and over): Police can search you if they suspect you are carrying graffiti tools — like spray paint, Texta’s, stencils, or gouging tools — near public transport property or if you are trespassing. Before searching, police must tell you their name, rank and station — write these down.
• At school: A principal or assistant principal can search you if they reasonably suspect you are carrying illegal weapons.

If police arrest you, you have the right to:

• Call a lawyer from a private space (somewhere police cannot hear you) before any formal
• Call a friend or family member from a private space

Police do not have to allow a phone call if they believe it could help another person escape, cause evidence to be lost, endanger others — or in driving matters involving a breath or drug test.

If you are under 18 and arrested:

• Police must contact your parent or guardian as soon as possible.
• Do not answer any questions until you have spoken with a lawyer and your parent, guardian or independent person is present.
• You cannot be charged with a criminal offence if you are under 12.
• Call Victoria Legal Aid 24/7: 1300 792 387.

Different rules apply depending on your age.

Fingerprints:

• Under 12: Police cannot fingerprint you.
• 12 to 14: Fingerprints can only be taken if both you and your parent or guardian agree. If you or your parents refuse, police must get permission from the Children’s Court.
• 15 to 17: A parent, guardian or independent person must be present when police ask to take fingerprints — and when they are actually taken.
• 18 and older: In most situations you must allow fingerprinting if police believe you have committed an offence.

Body Samples (DNA, saliva, blood, swabs):

• Under 12: Cannot be taken under any circumstances.
• 12 to 15: Can only be taken if police get a court order.
• 12 to 18: Police can approve a non-intimate sample if you are believed to have committed a serious offence. A parent, guardian or independent person must be present.

Fingerprints and body samples must be destroyed within set time limits if you are not charged, found not guilty, or do not reoffend before turning 26 — unless you were charged with a serious offence. You can check with police to confirm this has been done.

Police can direct you to leave a public place if they suspect you are disrupting or likely to disrupt the peace, acting dangerously, or likely to cause damage to property.

• They do not have to give you a written direction — they can just tell you verbally.
• You must stay away from that place for up to 24 hours.
• Refusing is a criminal offence — on-the-spot fine of 2 penalty units, or up to 5 penalty units at court.
• Police cannot move you on if you are peacefully protesting about a political issue, or taking part in lawful strike action.

If Something Goes Wrong:

If you think police or PSOs have treated you unfairly or unlawfully, you have the right to make a complaint.

• Act quickly — the sooner you complain, the better.
• Get legal advice first — especially if you have been charged with an offence.
• See a doctor immediately if you are injured and get your injuries documented.
• Complaints can be made to Victoria Police Professional Standards Command or to IBAC (Independent Broad-based Anti-corruption Commission).