FAQs

Disclaimer – the following information is for general information and is not legal advice. You should always contact and consult a lawyer for advice specific to your circumstances and before deciding on a course of action.

Do I have to participate in a police interview?

Police may request you attend, or accompany them to, a police station to answer questions however you are not required to go with them unless you have been arrested in relation to an offence.You do not have to answer any questions (other than provide police with your personal details) and you are not required by law to participate in a video record of interview. It is advisable to contact a lawyer prior to participating in an interview because anything you say on or off camera can be used against you in court.

Do I have to submit to a search?

If you have been arrested the police are allowed to search you and take your photograph, fingerprints and a DNA sample.

Can the police search my home without a warrant?

In some circumstance the police can search your home without a warrant. Some of those occasions are:

• If the owner, occupier or operator consents;
• If the police enter to make an arrest;
• If the police have arrested you or another occupant for an offence;
• If the police have reasonable suspicion a crime is being committed or has been committed or will be committed;
• If they suspect terror related activities.

NB: this is not an exhaustive list

What are the grounds for getting a Violence Restraining Order?

In general, the grounds to be demonstrated to obtain a violence restraining order are:

An act of abuse has occurred – this includes intimidating and pursuing the applicant;

The person is likely to commit another act of abuse; or The applicant reasonable fears the person is likely to commit another act of abuse.

What are my rights?

You have the right:

• to SILENCE. That means you do not have to answer any questions asked by police. But you do have to tell the police your name and address;
• to be informed of the offence you are suspected of or arrested for;
• to contact or try to contact a legal practitioner.
• and if you have been arrested, you have the right:
• to medical treatment if you need it;
• to a reasonable degree of privacy from the mass media;
• to a reasonable opportunity to contact a friend or relative to inform them of your whereabouts;
• if you cannot understand or communicate in English sufficiently, to be assisted by an interpreter or other qualified person.

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