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Police Powers Find out your rights in NSW
EasyEnglish
Book 1 | Questions
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2 NSW POLICE POWERS | QUESTIONS
There are 4 books in the Easy English Police Powers series available form Legal Aid NSW. This is Book 1 – Questions.
Book 1 Police Powers: Questions Book 2 Police Powers: SearchesBook 3 Police Powers: Arrest: On the street Book 4 Police Powers: Arrest: At the police station
This is a general guide to the law, not legal advice. You should talk to a lawyer about your problem.
This information was correct at that time of printing, but the law can change.
If you need more help contact LawAccess on 1300 888 529 for legal information and advice.
Order publications online at www.legalaid.nsw.gov.au/publications or email publications@legalaid.nsw.gov.au.
If you are hearing/speech impaired, you can communicate with us by calling the National Relay Service (NRS) on 133 677.
If you need help to talk to us in your language, call the Translating and Interpreting Service (TIS) on 131 450 (9am-5pm).
Easy English translation by Access Easy English based on the Legal Aid NSW publication Police Powers: Your rights and responsibilities.
Design by Rene Graphics
© Legal Aid NSW 2016
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NSW POLICE POWERS | QUESTIONS 3
Contents
The NSW Police ..........................................4
Can police ask for my ID? ........................6
When must I show my ID? .........................8
Do I have to answer the police questions?.................................................11
Can the police tell me to move on? ...14
What if I am drunk or on drugs? .............17
Drug dogs ...............................................20
Complaints ..............................................21
More information and legal help .........23
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4 NSW POLICE POWERS | QUESTIONS
The NSW PolicePolice
The NSW Police know the law.
These are like rules.
It is their job to make sure we all follow the law.
There are lots of rules to know.
Police
This book helps you know
■■ what the police can do
■■ what you can do.
These are called rights and responsibilities.
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NSW POLICE POWERS | QUESTIONS 5
Remember!
Police work can be
■■ dangerous
■■ hard to do.
Police do have a lot of power.
They want to keep you safe.
When the police ask a question
■■ be polite
■■ follow any instructions they give.
If you do not agree with what the police did or said you can make a complaint.
Go to page 21 to see how to make a complaint.
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6 NSW POLICE POWERS | QUESTIONS
Can police ask for my ID?
Yes.
There must be a reason.
Your ID
This is a card with your
■■ name
■■ photo of you
■■ address.
It is called your ID or identification.
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NSW POLICE POWERS | QUESTIONS 7
In some situations the police can ask you for your ID when you are
■■ in your car
■■ at home
■■ in the street.
Do you have a cover on your face?
The police can ask you to take off your face cover.
The police should do this away from the public.
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8 NSW POLICE POWERS | QUESTIONS
When must I show my ID?
In your car
Police
The police ask for ID when
■■ they stop you in your car
■■ you are the driver
■■ you are helping a learner driver.
Police
When there is a car crash.
■■ The police come to the car crash.
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NSW POLICE POWERS | QUESTIONS 9
In the street
It is a good idea to show the police your ID if they ask for it.
The police will ask for ID if you do something wrong on the
■■ train
■■ ferry
■■ bus
■■ at the station.
It can be for example, if you
■■ broke a window
■■ did not pay your fare
or
■■ are rude to other people
■■ are drunk and behaving badly.
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10 NSW POLICE POWERS | QUESTIONS
The police think you are not 18 and
they see you drink alcohol.
The police think you know something about a crime.
Other times the police will ask for ID. They
■■ give you a paper from the court
■■ you are in a place they think you should not be.
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NSW POLICE POWERS | QUESTIONS 11
Do I have to answer the police questions?
No.
Can I be arrested just to answer questions?
No.
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12 NSW POLICE POWERS | QUESTIONS
Police can ask you to go a police station to answer questions.
But
You do not have to go if you are not under arrest.
If you decide you want to talk to the police,
talk to a lawyer first.
Go to page 23 to find out where to find a lawyer.
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NSW POLICE POWERS | QUESTIONS 13
The rules about police questions are different if you are under arrest. Go to Book 4–Arrest: At the police station.
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14 NSW POLICE POWERS | QUESTIONS
Can the police tell me to move on?
Yes.
Move on means to leave the place you are.
The police officer must tell you
■■ his or her name
■■ where they work. Like, what police station.
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NSW POLICE POWERS | QUESTIONS 15
■■ why you need to move on.
You will be told to move on when you
■■ are in the way of another person
■■ stop cars and trucks on the road
■■ scare other people with the words you say
■■ try to sell illegal drugs
■■ try to buy illegal drugs.
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16 NSW POLICE POWERS | QUESTIONS
The police may also tell you to move on when you are drunk in a public area. Like,
■■ in the street
■■ at the shops.
■■ You must stay away for 6 hours if they move you on.
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NSW POLICE POWERS | QUESTIONS 17
You need a safe place to be.
Police may
■■ look for your friends
or
■■ take you to a police station.
What if I am drunk or on drugs and come to police attention?
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18 NSW POLICE POWERS | QUESTIONS
Teenagers and children go to a different place.
Police must give you
■■ food
■■ drink
■■ a bed and blanket.
You are not with people who are arrested.
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NSW POLICE POWERS | QUESTIONS 19
Police can look at your things. Like, your
■■ backpack
■■ clothes
■■ shoes.
You can leave when you are
■■ not drunk
■■ not affected by the drugs.
You will get all your things back from the police.
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20 NSW POLICE POWERS | QUESTIONS
Drug dogs
The police have drug dogs.
They can smell illegal drugs.
Dogs work at
■■ gaols
■■ railway stations
■■ other public spaces. Like, sports stadiums and music festivals.
A drug dog can smell drugs on you.
The drug dog tells the police.
The police can then search you for drugs.
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NSW POLICE POWERS | QUESTIONS 21
Complaints
Police
You can make a complaint.
Sometimes police can do the wrong thing.
Some things you can complain about are
■■ the police stop you in the street.
They search your bag.
The police do not tell you why they do this, or they do not have a good reason.
■■ you are arrested.
The police did not need to arrest you
■■ the police push you over. You are hurt.
The police can not do this.
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22 NSW POLICE POWERS | QUESTIONS
How to make your complaint
1. Go to your local police station
Ask for the duty officer
or
Local Area Commander.
This is the boss at that station.
Police
Police
Police
2. Write to the Commissioner of Police at www.police.nsw.gov.au/online_services/providing_feedback_and_reporting_corruption/feedback_compliments_complaints_and_suggestions
3. Phone the Law Enforcement Conduct Commission (LECC) 1800 657 079 or go to the website www.lecc.nsw.gov.au
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NSW POLICE POWERS | QUESTIONS 23
More information and legal help
LawAccess NSW: 1300 888 529 Free telephone helpline for legal information and in some cases, advice.
Legal Aid NSW Youth Hotline (if you are under 18): 1800 10 18 10
Intellectual Disability Rights Service: 02 9318 0144 or 1800 666 611
Aboriginal Legal Service (ALS): 1800 765 767. If you are Aboriginal or Torres Strait Islander you can get free legal help from the ALS.
The Law Society of NSW can refer you to a private lawyer in your area: 02 9926 0300
Women's Domestic Violence Court Advocacy Service: The WDVCAS assists women and children experiencing domestic violence get help at court: 1300 938 227
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AUG 2017 MNLA60519
www.legalaid.nsw.gov.au
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