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Please note the following information is for general information only and is not legal advice. It should not be relied upon exclusively as a basis for acting or not acting. You should always consult a lawyer for advice specific to your circumstances. |
Do I have to answer police questioning?
Do I have to participate in a police interview?
Do I have to submit to a search?
When can the police search my home without a warrant?
What are the grounds for getting a Violence Restraining Order?
What is criminal injuries compensation?
Can you be charged if you don't tell Centrelink that your circumstances have changed?
Are police allowed to confiscate my property?
Who can arrest me?
A member of the police force can arrest you if there is a warrant for your arrest or if they reasonably believe you have committed a crime or are about to commit a crime.
A private citizen may also make a “citizens arrest” where you have committed a crime but only for the purposes of immediately conveying you to the police.
An arrest may still be lawful even if it turns out that you are innocent.
Do I have to answer police questioning?
No- you have the right to silence . You only need to give the police your name, telephone number and address details.
Do I have to participate in a police interview?
Police can request that you attend a police station to answer questions however you are not required to go with them to a police station unless you have been arrested in relation to an offence.
You do not have to answer any questions other than your personal details and you are not required by law to participate in a video record of interview.
It is advisable to contact a lawyer before participating in an interview because anything you say on or off camera can be used against you in court.
Do I have to submit to a search?
If you have been arrested the police are allowed to search you and take a DNA sample.
When can the police search my home without a warrant?
If the owner, occupier or operator consents;
If they enter to make an arrest;
If they have arrested you or another occupant for an offence;
If they have reasonable suspicion a crime is being committed or has been committed or will be committed – this includes possessing or carrying something related to an offence;
If they suspect terror related activities.
What are the grounds for getting a Violence Restraining Order?
Generally the grounds for getting a Violence Restraining Order are if someone is likely to:
- Commit an act of family and domestic violence; or
- Make you fear they will commit an act of family and domestic violence against you.
What is criminal injuries compensation?
Compensation awarded to victims of crime, for personal injuries or in some cases loss or expenses associated with the crime regardless of whether a person has been convicted in relation to the crime.
Can you be charged if you don't tell Centrelink that your circumstances have changed?
Yes, if you don't notify Centrelink about changes in your circumstances and you are overpaid benefits you could face serious federal fraud charges.
What are proceeds of crime?
Proceeds of crime are any assets that have been acquired unlawfully.
Are police allowed to confiscate my property?
The Criminal Property Confiscation laws in operation in most Australian Jurisdictions give Courts the power to seize and confiscate the assets of individuals who have either engaged in serious criminal activity or if their assets are believed to be the proceeds of a criminal offence.