Dealing with Police — Know Your Rights and Obligations
Being approached or questioned by police can be intimidating. In these situations, it is critical to understand both what the police are entitled to ask of you, and what you are required — or not required — to say or do. Anything you say may later be used as evidence in court, which is why obtaining legal advice before answering questions is so important.
At Parke Lawyers, our experienced criminal lawyers can guide you through every step of an interaction with police, ensuring that your rights are protected.
Police Powers
In Victoria, police have authority to stop and request information from you in certain circumstances. They may ask for your name and address if they:
- Find you committing an offence
- Reasonably suspect that you have committed, or are about to commit, an offence
- Believe you may be able to assist them in investigating a crime
- Issue you with a direction to stop being a public nuisance or making excessive noise
Police may also arrest you without a warrant if they reasonably suspect you have committed a serious offence.
Your Rights
You have important rights when dealing with police, including:
- Right to ask why your details are being requested — police must provide their name, rank, and station.
- Right to silence — apart from providing your name and address (when lawfully requested), you do not have to answer other questions.
- Right to legal representation — if you are arrested or detained, you are entitled to contact a lawyer before further questioning.
- Right to remain silent until advised — anything you say can be recorded and used as evidence against you.
It is sensible to keep a record of the interaction, including the details of the officers involved, what was said, and whether there were any witnesses.
Protecting Yourself
If you are stopped or arrested:
- Remain calm and polite.
- Provide only the information you are legally required to give (your name and address).
- Do not answer further questions until you have spoken with your lawyer.
- Contact Parke Lawyers as soon as possible to obtain immediate advice.
Why Legal Advice Matters
Interactions with police can escalate quickly, and misunderstandings may have serious consequences. Having a criminal defence lawyer by your side ensures that:
- You do not inadvertently say something that harms your position.
- Your rights are respected during questioning, searches, or arrest.
- You are properly represented if charges are laid.
Call Parke Lawyers immediately on 134 134 if you have been approached or arrested by police. We will act quickly to protect your rights and provide the strong legal representation you need.
Your Criminal & Traffic Law Team
