Police powers & individuals rights

1. Police powers & individuals rights By Nicole Quin

2. Arrest To arrest somebody the police do not always need to take them to a police station or place them under arrest. The police will simply take there details and send them a summons. A summons is a letter letting the accused know about court details, criminal case and the date of the first hearing. An offender is arrested with or with out a warrant and is left to police discretion. The can only arrest a person with out a warrant if they believe it is in all importance; To ensure the offender shows up at the court hearing. • To retain the public order. • To prevent the offender committing the same crime or a more serious crime. • For safety of the public and the offenders self.

3. Arrest with a warrant Arresting somebody with a warrant doesn't happen very often. An arrest with a warrant are used when police believe the accused wont attend court or will leave country. The court must issue the warrant. Police may use force when making a arrest. The officer making the arrest may; • Touch the person to show they are being put under arrest. • Tell them they have the right to remain silent. • Tell them the reason for the arrest and anything they say can and will be used as evidence in court.

4. Searches A member of the police force may obtain a warrant to search somebody's house/car/body if they believe that the search will show; • Stolen items. • Evidence of a crime. • Things that might be used in a crime. Police may go into somebody's premises with out a warrant if they believe the person has; • Has committed a serious crime in Victoria. • Has committed a serious crime some where else. • Has escaped from police/legal custody. • Is committing a crime. Police can search a persons car or the person without a warrant if; • They are arresting a person and they can search them for weapons or items that they can hurt others or themselves with. The parliament can give the police the power to search with out warrants at major public events; • Bag searchers into any managed venues. • Public places; search for any drugs, weapons or stolen goods. These searchers are to prevent violence in any public place.

5. Types of searches There are two different types of body searches. The police have to record all body searchers. The two different types are; • Pat down (frisk) search – Police use there hands to see if the person has anything they shouldn't hidden under there clothes. The police may ask the accused to take of coats, hats and shoes. Also they may be asked to put there pockets inside out. • Full (strip) search – Have to be done in a private place (police station, in most cases) and do not involve touching the persons body. Also this type of search most be done by the same sex.

6. Individuals rights- Arrest and searches An individuals can ‘refuse’ to attend the police to the police station, Unless they are being arrested. It helps if you cooperate with the police though. People can refuse to say anything when being arrested. If your being arrested or asked by the police you must give your name and address, under any circumstance. The police have no power to search a person prior to an arrest, unless they are told to under the act of parliament.

7. Detaining and Questioning A person doesn't have to go to the police station for questioning unless under arrest. A person has the right to know why they are under arrest. If somebody is taken into the police station for questioning, he or she must; • Be released from questioning, within a reasonable time. A reasonable time depends on the situation though. For example; how long it takes for the person to get to the police station, number of people being interviewed, or delays such as lawyers.

8. Individuals rights during questioning Police caution- Police must always caution the suspect about their rights. They also must tape the caution at the start of any interview. This caution must say init that the suspect is ‘not obliged to say or do anything but anything you say or do may be given in evidence’

9. The right to contact a lawyer and a relative or a friend An investigating officer must tell the person who is being questioned that he or she may contact a friend or relative to make sure they know were they are, he or she can also call a lawyer. They can contact ant of these people unless it will help destroy evidence. If a lawyer does come, the suspect can talk to them privately and the lawyer can be present when the questioning takes place.

10. The right to silence In police investigations, a suspect dose not have to answer police questions, unless its to know he or hers name and address. A person can with hold from making a statement.

11. Taping of police interviews In interviews that are indictable (serious) the interview must be audio taped or videotaped. In minor cases, the police will write down what ever is said. This is for evidence in court.

12. The right to a person in attendance Police can not question a person under the age of 18 if there is not a parent, guardian or independent person with them.

13. The right to an interpreter If the police are interviewing a non-English person they must have a interpreter while being questioned.

14. Photographs If the police ask the suspect to take a photo of them while in custody the person can refuse.

15. Identification parades If police are having an identification line-up, a person can refuse to take part.

16. Fingerprints Fingerprints = • Finger • Palm • Toe • Sole print A method used can be a finger scan, meaning the police use a electron device to scan the suspects prints. The police can only take a persons finger scan if the suspects is over the age of 15. This should always be video/audio taped. If the person is under the age of 15 then these things can apply: • If the suspects parent/guardian agrees to let their child be finger scanned. • The police are not aloud to finger print a person under the age of 10. Any fingerprints the police obtain must be destroyed 6months after unless the person was charged with the crime. The suspect must also be notified when a prints are destroyed.

17. Rights of individuals – Fingerprints If a suspect refuses to have he/hers fingerprint taken, police may use reasonable force to get one, Only if they believe the suspect has committed a serous crime. The suspect must also be over the age of 15. If the suspect is between the agers of 10 to 14, then the police must get a court order to fingerprint them.

18. Forensic Procedures Police have the right to take forensic samples if a suspect has been charged with a indictable crime or the police believe they may have committed a crime. Forensic samples may include: • Hair, finger or toe nails or external swabs... These are non-intimate samples. • Intimate samples- blood, pubic hair, mouth scrapings, dental impressions and swabs from a genital or anal area. If a suspect is getting a intimate sample then a qualified medical practitioner must under take the sample and no one else. If the suspect is an adult then they can inform the police that it is okay to take a sample but if the person refuses the police can then go to the Magistrates’ Court and an order can be given. If the suspect is getting a non-intimate sample then a senior officer, who is not part of the investigation can confirm for the sample to be taken from a person over the age of 18. Agers for forensic sample are: • If the suspect is between the ages of 10 to 17 then the police have to get a order from the Children’s court. • If the suspect is under the age of 10, They are not aloud to give a forensic sample . Like fingerprints, forensic samples must be destroyed after 6 months, if the person isn't guilty. In some cases police may apply to get permission from the court to keep the sample.

19. Rights of individuals- Forensic procedures The suspect can refuse to have a forensic sample taken of them, unless a court gives an order that the suspect has to.

20. The End!