 | NORML News: Know rights, or no rights! |
 A brief guide to your rights with the police. Thanks to www.youthlaw.co.nz
NORML News Winter 2003
Police Questioning
You have the right to remain silent - but you must give your correct name and address and in some cases date of birth. You can talk to a lawyer before saying anything else.
If the Police want you to go with them always ask if you've been arrested because you don't have to go with the police unless you've been arrested, or you're under 17 and drunk, high or at risk of being harmed or harming someone.
You have the right to talk to a free lawyer if you're being questioning about an offence. Tell the police you want to speak to one on the Bill of Rights list.
· If you're under 17 you also have the right to have a supportive adult of your choice with you at the police station. If you don't name someone the police must get another adult to be with you (not a police officer).
Searches
Always ask why you are being searched.
The police can only search you, your bag or car if you let them; or they arrest you; or they have a search warrant; or they have reasonable grounds to think you have drugs, or an offensive weapon.
They can also search your car if they have reasonable grounds to think it contains stolen goods.
The police can search your home if: you're the lawful occupier and you let them; or they have a search warrant; or they have reasonable grounds to think it contains drugs.
If you don't agree to a search you must say so. Silence is taken as agreeing.
If you are female usually only a policewoman can search you.
Arrests, Detainment and Charges
If you are 17 or over the police can arrest you if they have good cause to suspect you have "breached the peace" (caused a disturbance) or committed an offence punishable by imprisonment.
If you are under 17 the police can arrest you if they have good cause to suspect you have breached the peace or committed an offence punishable by imprisonment and they are satisfied on reasonable grounds that arrest is necessary to: stop you committing further offences; or get you to court; or stop you from interfering with a witness or evidence.
- Don't run away or resist arrest.
- Always ask if you're being arrested, detained or charged and why.
- Ask to make a phone call and phone someone you trust.
- You don't have to answer any questions or make a statement. Don't make a false statement.
- You have the right to talk to a free lawyer. Tell the police you want to talk to one on the Bill of Rights list before talking to them. Tell your lawyer if you need medical attention.
- You have the right to get bail unless there is a good reason for holding you in custody or you have been charged with a very serious offence or offences.
Going To Court
You can enter "no plea" the first time you're in court. In the week or two that you are then given by the court you can get a copy of your police file from the police and get legal advice. Check with the court if you can get legal aid or see the duty solicitor at court on the day of your case.
Remember:
Stay calm and don't get smart.
Try to get the police officer's name, number (on their shoulders) and police station.
Try to get someone to witness what the police do.
If the police do breach your rights tell your lawyer/a duty solicitor or make a police complaint later, rather than argue with the police at the time.
Complaints About the Police
Freephone the Police Complaints Authority 0800 503 728; or
The Senior Sergeant at the police station; or
Your local community law centre, YouthLaw, a lawyer or CAB.
Write down everything that happened and who did it, while you remember. Get photos of any injuries and see a doctor.
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