Your rights with the police

States and territories around Australia have different criminal justice systems.

The criminal justice system includes:

• police

• courts – a place where a judge and/or a jury solve legal problems prisons.

But there are some rights that are the same no matter where you live in Australia.

They include the right to:

• be safe

• not talk if you don’t want to

• get information

• get support.

It’s important to do what the police say if they:

• contact you
• come up to you
• arrest you.

The police can arrest you if they think you:

• have done something wrong
• might hurt yourself
• might hurt someone else.

The police might:

• tell you to get in their car

• take you to a police station.

When you deal with the police, you have the right to ask for a police officer who is a woman.

You also have rights when you make a statement.

Your statement is your story of what happened.

We explain your rights in more detail below.

Your right to information

The police must tell you:

• that you’re being arrested
• why you’re being arrested.

You also have the right to get information in a way you can understand.

For example, you might need:

• a support person
• an interpreter.

An interpreter is someone who:

• speaks your language
• helps you understand what someone is saying.

Your right to privacy

Sometimes the police can search your property.

This can include your:

• house
• car
• clothes
• bag.

They must have a search warrant.

A search warrant is a document that says:

• the police can search your property
• why they want to search your property.

Each state and territory has different laws for search warrants.

The reasons police might want to search your property can include:

• you say they can

• they think you took part in a serious crime

• they think you might take part in a serious crime

• you might hurt yourself or someone else

• they think you have illegal drugs.

If something is illegal, it means there is a law that says you can’t do it.

If police don’t have a search warrant, they can’t search your property.

Your right to silence

When you talk to the police, you must tell them:

• your name
• your age
• where you live.

You don’t have to answer any other questions they ask you.

You should ask for a support person before you talk to the police.

Your rights when you make a statement

You might need to make a statement if:

• the police think you took part in a crime

• you saw a crime happen

• a crime happened to you.

Your statement is your story of what happened.

No one can force you to make a statement.

If you choose to make a statement:

• find out as much information as you can about the crime before you talk to the police

• think about what you want to say.

You can:

• write it down

• take pictures

• take a video on your phone

• make a voice recording.

Your statement can help police find out information more about the crime.

It’s important to tell the truth.

You can also ask for a copy of your statement.

If the police think you took part in a crime, you should talk to a lawyer before you give your statement.

You can find disability legal support in your area on the Australian Human Rights Commission website.

Your right to call for support

You should contact a support person if the police:

• contact you

• arrest you.

You might contact a:

• friend

• family member

• carer

• advocate – someone who helps you to speak up for yourself.

You have the right to talk to your support person without the police listening to you.

You also have the right to talk to a lawyer.

You can have your parent, guardian or carer with you if you:

• are 17 or younger

• have a disability that makes it hard for you to:
  • think
  • communicate
  • understand
  • remember

You can find an advocate using the Australian Government Disability Advocacy Finder.

To learn more about your rights, download the Intellectual Disability Rights Service Fact Sheet: People With Disability Under Arrest (PDF).