📋 When You Must Show ID

You are required to give your name and address if:

• Police reasonably suspect you of committing an offence
• You can assist in investigating a serious crime
• You're driving a vehicle (must show licence)
• You're on public transport property
• You're in a licensed venue (age checks)
• You're being given a move-on direction

🤐 Right to Remain Silent

Apart from providing required ID, you have the right to silence. You do NOT have to answer questions or do a police interview. Police must caution you first.

🔍 Search Powers

Police can search you without a warrant only if:

• You're under arrest
• They have a search warrant
• You consent (you can refuse)
• They reasonably suspect illegal items

Important: State you do not consent, but do not physically resist.

⏰ Arrest & Custody Rights

If arrested, police must tell you why. You can be detained for up to 6 hours (or 4 hours for minors) for investigation. You have the right to:

• Contact a lawyer (in private)
• Contact a friend or relative
• An interpreter if needed
• Aboriginal Legal Service notification (if Indigenous)

📋 When You Must Show ID

You must provide name and address only if:

• Police reasonably believe you've committed an offence
• You can assist in investigating a serious crime
• You're driving a vehicle
• You're involved in a traffic accident
• Police give you a move-on direction
• You're at/near a police station with no legitimate reason

🤐 Right to Remain Silent

Beyond name and address, you do NOT have to answer questions. You can say "No comment" to everything else. Nothing is ever "off the record."

Exception: You must provide the driver's name if your vehicle was involved in an offence.

🔍 Search Powers

Police can search without warrant if you consent, are arrested, or they have reasonable grounds to suspect illegal items. In designated areas, they can search for weapons without individual suspicion.

⏰ Arrest & Custody

After arrest, you have the right to two phone calls (one to lawyer, one to friend/family) in private. If Indigenous, Victoria Police MUST notify VALS within 1 hour.

Detention is for "reasonable time" (usually up to 4 hours) before charge or release.

🚨 PUBLIC INTOXICATION - MAJOR CHANGE

📋 When You Must Show ID

Under the Police Powers and Responsibilities Act, you must provide name and address if:

• Police find you committing/suspect you've committed an offence
• You're about to be given an official direction
• You're driving a vehicle (must show licence)
• Police are enforcing a warrant against you
• You witnessed domestic violence or serious crime

Note: Police must warn that refusal is an offence before you're legally obliged.

🤐 Right to Remain Silent

Queensland explicitly protects right to silence. Beyond name/address, you are NOT required to answer questions. Police must caution you first.

🔍 Search Powers

Police can search without warrant if reasonable suspicion of: weapons, drugs, stolen property, burglary tools, or graffiti implements. Can also search to prevent domestic violence or attend emergencies.

Your Rights: State you don't consent but comply peacefully. Police must respect dignity and use same-gender officers where possible.

⏰ Arrest & Custody

Can be detained up to 8 hours (only 4 hours actual questioning). You have right to:

• Two phone calls (lawyer + friend/relative)
• Support person during questioning
• Custody Notification Service (if Indigenous - ATSILS contacted)

📋 When You Must Show ID

Under the Criminal Investigation (Identifying People) Act 2002, police can demand name, date of birth, and current address if they reasonably suspect you've committed, are committing, or are about to commit an offence—or may assist in investigating one.

• Police can require face covering removal (hats, masks, veils, sunglasses)
• If they suspect false information, can detain you "for reasonable period" to verify
• Must provide ID when driving or on licensed premises
• Failure to comply or giving false details is criminal offence

🤐 Right to Remain Silent

Protected under Evidence Act 1906. Standard caution: "You are not obliged to say anything unless you wish to do so, but whatever you do say will be recorded and may later be given in evidence."

🔍 Search Powers

Criminal Investigation Act 2006 grants broad warrantless authority when:

• You're committing offence or under arrest
• Reasonable grounds to suspect illegal items
• To enforce prohibited behaviour orders
• Public place security or safety concerns

⏰ Arrest & Custody

"Reasonable time" detention (courts interpret as 4-6 hours typically). Section 137 rights include:

• Medical treatment
• Contact lawyers, friends, relatives
• Interpreters if required
• Aboriginal Legal Service notification (if Indigenous) - 24/7 Custody Notification Service

📋 When You Must Show ID

Section 74A Summary Offences Act 1953: Must provide name, address, date of birth if police have reasonable suspicion of offence or investigative assistance needed.

🤐 Right to Remain Silent

Traditional silence rights without adverse inference provisions. Police should inform you of right to remain silent upon arrest. All indictable offence interviews must be recorded (video preferred, audio/written if not).

Best Practice: State name and address, then say "I do not wish to say anything further." If police persist, repeat "I do not wish to answer any questions on advice of my legal adviser."

🔍 Search Powers

Section 68 permits warrantless search if reasonable cause to suspect evidence, stolen property, or items for serious crimes.

Declared Public Precincts: Enhanced powers include metal detectors, drug detection, on-spot fines.

⏰ Arrest & Custody

Section 78: Up to 4 hours detention, extendable to 8 hours by magistrate. Rights include one phone call to inform whereabouts (police can allow more if first unanswered).

📋 When You Must Show ID

Section 55A Police Offences Act 1935: Name and address required when police believe you've committed/are about to commit offence, or specific circumstances:

• Licensed premises (must also provide age)
• Drug possession (must disclose source)
• Public transport or while driving

Police must have valid reasons and identify themselves when asked (can request in writing).

🤐 Right to Remain Silent

Criminal Law (Detention and Interrogation) Act 1995, Section 9: Explicit statutory silence rights. Police must ensure understanding—potentially requiring suspects to paraphrase caution.

🔍 Search Powers

Warrantless search in public if reasonable suspicion of: drugs, explosives, weapons, graffiti tools (14+ on/near transport), stolen property, items for serious offences.

Body Cavity Searches: Require magistrate orders; only medical practitioners can conduct.

⏰ Arrest & Custody

"Reasonable time" (no fixed hours). Section 4(4) factors include offence complexity, material to review, breaks for meals/rest, communication with lawyers/family.

• Intoxication only: Maximum 8 hours (extendable by magistrate)
• Must communicate with friends/relatives/lawyers "as soon as practicable"
• Legal representatives may attend interviews

📋 When You Must Show ID

Police Administration Act Section 134: Name and usual place of residence/work when reasonable cause to suspect offence involvement or investigative assistance.

• Police must warn non-compliance is offence (4 penalty units)
• Drivers: 20 penalty units for failing to produce licence
• Not obliged to accompany police anywhere unless arrested
• Police refusing to provide name/duty location face identical penalties

🤐 Right to Remain Silent

Common law with Anunga Rules for Indigenous persons. Standard caution: "You do not have to say anything, but anything you do say will be taken down and may be given in evidence."

🔍 Search Powers

Police Administration Act 1978:

• Section 119 urgent searches: "Seriousness and urgency" without warrant
• Section 119AA weapons: Reasonable grounds for explosives/restricted weapons
• Section 120C drugs: Public place searches for dangerous drugs
• Handheld scanners: Public transport, schools (with principal consent), entertainment venues

⏰ Arrest & Custody

Section 137: "Reasonable period" for questioning/investigation. Section 138 factors include investigation complexity, forensic needs, number of witnesses.

CNS Mandatory: Police MUST contact Custody Notification Service for Aboriginal/Torres Strait Islander people. NAAJA provides 24/7 legal advice, wellbeing checks, family contact.

📋 When You Must Show ID

Crimes Act 1900 Section 211: Police must have reason to believe offence committed, reasonable grounds you can assist, and your identity is unknown to them.

• Police must inform you of request reason
• Must provide their name and duty address if requested
• If not in uniform, must provide evidence of being police (if practicable)
• Maximum penalty: $500
• Police must make written record of grounds ASAP

🤐 Right to Remain Silent

Common law rights. Standard caution: "You are not obliged to say or do anything unless you wish to do so, but whatever you say or do may be used in evidence. Do you understand?"

To exercise: Clearly state "I wish to remain silent and speak to a lawyer." Can invoke at any time. No adverse inferences drawn from silence.

🔍 Search Powers

Crimes Act 1900:

• Section 207 frisk search: Reasonable grounds for serious offence items/stolen property. Same-sex, written records required
• Section 209 vehicle search: Cars, boats, bicycles if relevant to offences. Can't damage unless opportunity to open given
• Section 227 strip search: Police stations only. Superintendent+ approval. Same-sex, private. Prohibited under 10; ages 10-17 only if arrested AND charged OR court order AND parent/guardian present

⏰ Arrest & Custody

No explicit time limits like UK PACE. "Reasonable time" typically 4-8 hours for questioning. Extended detention requires senior approval. Beyond 24 hours typically requires court appearance.

• Absolute right to contact lawyers (cannot be delayed/denied)
• Legal Aid 24/7 free advice
• Inform relatives/friends of arrest and location
• Aboriginal Legal Service notification for Indigenous people - 24/7 CNS