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Speaking to the police

Giving your name and address

Generally, the police do not have the right to demand your name or address without a reason. However, there are some times when the law says that you must give your name and address to the police. It is a criminal offence to give a false name and address in these circumstances.

Police can ask for your name and address if they believe you have committed or are about to commit a certain kind of offence, for example:

  • theft, burglary or assault
  • public transport offences
  • fishing offences
  • if you buy alcohol when suspected of being under 18.

In some cases the police do not need to believe, that you have committed any offence before they ask for your name and address. For example, if:

  • you are the driver of a motor vehicle or motorbike
  • the police believe you have information that could assist them in the investigation of an indictable (serious) offence.
  • you are in an area that is named in a court order under terrorism laws
  • the police reasonably believe you are named or are in the care of a person named in a court order under terrorism laws (see ‘Terrorism laws’, link below).

Answering other questions

You do not have to answer any other questions that the police ask you.

When you talk to the police there is no such thing as speaking ‘off the record’. Anything you say to the police, no matter when or where you say it, may be used by them.

The police can use what you say to decide if they will arrest you or charge you with an offence. Anything you say to the police can be used as evidence against you in court.

Tell the police you want to speak to a lawyer before you say anything.

Do not answer some questions and not others. This may be used against you later to suggest you are hiding something from police. Say ‘no comment’ to every question until you get legal advice.

Getting police details

When the police speak to you they must tell you:

  • their name
  • their identification number
  • the name of the police station where they work
  • their rank.

If you ask for these details in writing, they must give them to you in writing. This information may be useful later.

The police can be fined for not giving you these details. You need to make a complaint for this to happen. A lawyer can help you do this. See ‘Complaints about police’ (link below).

Name and address on public transport

Public transport inspectors can ask for your name and address if they believe on reasonable grounds that you have committed or are about to commit an offence. They can only ask for your name and address about public transport offences.

It is a criminal offence for you to refuse to give your name and address to a public transport inspector if the inspectors are questioning you about public transport offences. You can be fined by the court for this offence.

More information

Complaints about police

Terrorism laws

Youth issues – Public transport inspectors

Related publications

Your rights: police powers in Victoria

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • advice at many correctional facilities, remand and detention centres
  • lawyers who are on ‘duty’ to help at many courts and tribunals.

For some criminal law matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services see What we do.

Who else can help?

Your local community legal centre (CLC) can give you legal information and advice. Most CLC services are free. See the Community Law website for more information and CLC contact details.