STUDENT SUMMARIES – POLICE POWERS
WEDNESDAY 27 APRIL 2011
ARREST
When arresting, police can use capsicum spray in self-defence. When arresting, police can use stun
guns in self-defence, but only if capsicum spray has failed.
Warrants are used if the suspect is known and an ongoing search is being conducted. A summons
can be used as an alternative to an arrest if the suspect will not endanger the public and is likely to
appear in court.
There are 2 types of arrests: 1. With a warrant; 2. Without a warrant. There is also a citizen’s
arrest. A person is generally taken into the local police station when arrested.
An arrest allows the police to take a suspect into custody. Police can only keep you in custody for
no more than 24 hours, with some exceptions.
QUESTIONING
People under the age of 18 should not be questioned without a guardian/parent/independent
person. People are entitled to call or attempt to call a lawyer.
You have the right to remain silent during questioning but name and address is an exception. If
you’re a part of an organised crime or murder you have to answer any questions police have.
Individuals have a right to ask reasonable questions to a police officer.
The police should have cautioned you before asking any questions.
If a person has been charged with an indictable offence the police must record the caution and the
response at the beginning of the police interview.
SEARCHES
If weapons are found on your body they can take it. Police have the right to search you. They can’t
search your house without a warrant.
The police can search your house without a warrant if you agree to it. They can search with a
warrant if you are believed to have stolen goods. Police can search premises without a warrant to
arrest someone. A person under 18 can only be frisked if a parent or guardian is present.
Police can search with or without a warrant. Police have the right to search premises if there are
illegal drugs on the property.
SUMMONS
An order to appear in court to defend one’s charge.
Fail to appear before court. Endanger the public or self. Escape from custody.
A summons can be used instead of an arrest if the defendant does not constitute a danger and is
likely to appear in court.
Continue to commit the offence or other offences.
Ensure the appearance of the offender before court. Ensure the safety or welfare of the public or
the offender.
CUSTODY
While in custody you have the right to remain silent. Police cannot hold you for an indefinite
amount of time.
Statements made while in custody must be recorded (for indictable offences) and signed by the
person in custody. The person is entitled to have an interpreter if their English is not good.
A person may be requested by the police to participate in a re-enactment.
In indictable offences, police must record (video or audio) any interview or confession.
Anybody in custody must be released, given bail or taken to a Magistrate within a reasonable
time.
FINGERPRINTS
If you are between the ages of 15-17 you need parent or guardian present. The offender has to be
aware that their fingerprints can be used as evidence in court. Fingerprints must be destroyed
after 6 months if the person hasn’t been found guilty In order for fingerprints to be taken an
indictable or certain summary offences must be committed.
The fingerprint is kept in the database. Special rules apply to taking fingerprints from people from
age 10-14 years.
If you are under the age of 15, the police can’t take your fingerprints. If the court court orders that
fingerprints are to be taken, the process must be videotaped or audiotaped. Evidence is used at
the Children’s Court.
Police need permission from parents and guardians to take fingerprints if you’re under the age of
15.
Fingerprints are kept forever if proven guilty.
POLICE CAUTION
If a minor commits their first crime then they will get a police caution – a formal warning, rather
than an arrest.
Police may use the cautioning process when dealing with non-violent illicit drug users who have
little past or no past with the criminal justice system for drug offences. Police have the discretion
to issue cautions as a formal warning for first offenders. Police can exercise discretion and decide
not to take action.
Police caution will only be given to an adult for minor offences, e.g. stealing. The police required
to inform the person before questioning, example: right to remain silent. The offender is
cautioned about their behaviour if no further action is taken. Formal caution involves recording
the details of the offence.
A police caution is given to a young offender by a senior police officer in the presence of the
offender’s parent or guardian.
A person can be given up to 2 cautions and this remains for up to 5 years.
NAME & ADDRESS
Police have the right to demand your name and address. You must answer to that. In return, you
can ask for the police officer’s name, rank, station.
Police can ask for your name and address on reasonable grounds such as – has committed or is
about to commit an indictable offence; or may be able to assist them in an investigation.
A person in a hotel or licensed premises can also be asked for their name and address.
Police can also search premises without a warrant when they have a reasonable belief that a
person with a mental impairment may harm themselves or another person.