Your basic rights and responsibilities when dealing with Police

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Address: Tower 2, level 20 201 Sydney, Sussex Street, NSW, 2000, AU
Telephone: 02 9290 8514

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Being arrested is distressing situation for anyone. It is extremely important to seek immediate legal advice or representation when you have been approached or arrested by police.

The power for the police to arrest a person in NSW is given under the Law Enforcement (Powers and Responsibilities) Act 2002. A police officer may arrest a person without a warrant if the police officer suspects, on reasonable grounds, that a person is committing or has committed an offence and the arrest is necessary for reasons such as:

You must meet the following:

Important Rights

If you are arrested, its important to understand your rights. Some of these rights include:

The right not to say anything (with some exceptions);
The right to contact a lawyer and / or have them present for the investigation;
The right to contact a friend or relative;
The right to have an interpreter present; and
The right to medical attention if it is necessary or requested for a reasonable reason

Types of searches

There are two (2) primary types of searches including a frisk search and a strip search.

A frisk search is conducted by police by quickly running their hands over the person’s outer clothing, removing exterior clothing such as a coat, hat or shoes, examine any possessions and passing an electronic metal detection over the persons outer clothing etc.
A strip search may be conducted by a police officer where there are reasonable grounds that it is necessary based on the seriousness and urgency of the circumstances. A strip search allows a visual inspection of a person with all clothing removed. It must be conducted privately and away from the view of anyone of the opposite sex and must not involve any physical touch. Exceptions apply where the accused has a disability or is under 18 years of age.

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