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Young people & the police
The information in this page is specifically about where young people’s dealings with the police may be different to adults’ (aged over 18). For general information that applies to everyone see ‘Dealing with the police’ (link below).
When dealing with the police, it is important to try to stay calm and polite. Don’t resist or be abusive or violent. Be firm about your rights.
If you are interviewed, held, arrested, charged or about to be charged, always get legal advice. If you are unhappy with how you were treated you can make a complaint.
Information on this page:
Speaking to the police
Name and address
Going to a police station
Searches
Right to phone calls
Police questioning
Fingerprinting
Forensic procedures and body samples
Photos
ID parades
Terrorism laws
Complaints
How we can help
Speaking to the police
In general, you have the right not to answer any questions, except those about your name and address. It can be a good idea to use this right, because what you say to the police, no matter when or where, could be used by them. There are limits on this right.
If you threaten to hurt or assault the police you can be charged with ‘resisting arrest’ or ‘hindering police in the exercise of their duty’.
Name and address
It is a criminal offence to refuse to give your name and address in certain circumstances, or to give false details to the police (or public transport officers). See ‘Speaking to the police’ (link below) for what these circumstances are.
The police must tell you why they want your details. If they don’t give you a reason, you should ask for it.
The police can demand your name and address without giving a reason if you are:
- driving a car, motorbike or boat
- on the tram, train, bus or on public transport property (public transport officers can also ask for your name and address)
- in a hotel or licensed premises (staff can also ask for your age).
The police must give you their name, rank and the name of the station where they are based. They must also write this information down for you if you ask them to.
Related pages
Speaking to the police (general information)
Going to a police station
If police want you to go with them to a police station, you can refuse unless they are arresting you or in special circumstances such as:
- when you are driving and they want to do a breathalyser or drug test
- they are investigating a report of family violence
- they believe you are mentally ill and need to be taken into custody.
Always ask the reason they want you to go with them.
Searches
Police have the right to search you at any time in a public place if they believe you may be carrying illegal drugs, stolen goods or firearms. The police can also search you at school if they suspect you are carrying illegal weapons (see ‘Weapons’, link below).
If you are under 18 the police cannot search you for alcohol but they can take it from you if they see you with it.
The police can search you if you are under 18 and they suspect you are going to inhale a volatile substance (chroming). It is not a crime to chrome. The police can stop you and take you somewhere safe if they think you will hurt yourself by chroming.
If the police stop you, they must make a record of this. Even if you do not see them doing it, they must make a record. You can ask for a copy of the record at the time or later.
See ‘Getting searched’ (link below) for information about searches that applies to people of all ages.
Searches under graffiti prevention laws
Under new laws to prevent graffiti, the police can search you if they think you are over 14 and:
- they suspect you have a graffiti tool, such as spraypaint, textas, stencils or an implement used for gouging
- you are in or adjacent to public transport property
- you are trespassing.
This only applies to searches on or after offences on or after 17 April 2008.
Police can ask you to remove outer clothing (head gear, coat, gloves, shoes) to search clothing under these garments. Before they do this, they must tell you their name, rank and the name of the station where they are based.
If graffiti tools are found police must ask you why you are carrying these tools. If they think that you intend to inhale spray paint, they must proceed under the volatile substances law, above.
Related pages
Getting searched (general information)
Graffiti laws (general information)
Right to phone calls
If the police have arrested you or taken you into custody, before any formal questioning begins they must let you telephone a lawyer from a ‘private space’ (somewhere that the police can’t hear you).
The police must also let you telephone a friend or relative from a private space, unless it is a driving matter involving drinking or drugs or they believe that during this time:
- someone else involved in the crime might get away
- some evidence may be lost or tampered with
- other people may be in danger.
Police questioning
While you are waiting to speak to your parents or guardian, lawyer, independent person or interpreter, you should refuse to answer any questions after giving your name and address.
If you are under 18 the police must not formally question you unless your parents or guardian are there – unless you don’t want them there. If your parents or guardian are not available, the police must arrange for an independent person to be with you during questioning. You must be given the chance to talk privately to your parents, guardian or the independent person before the questioning.
The independent person is there to make sure you and the police understand each other and that you understand your rights. They don’t give legal advice. Either you or the police can suggest who will be the independent person. If an independent person is not with you during questioning, the court may decide that the information can’t be used as evidence.
When you are being questioned you have a right to remain silent, and to answer ‘no comment’ to all the questions except those about your name and address. You can’t get in trouble for saying ‘no comment’ and it should not affect whether you get bail or work against you in court. Talk to a lawyer about this before the questioning starts.
Note: The police don’t have to wait for a parent, guardian or independent person to arrive before questioning you when someone else involved in the crime might get away or if waiting may cause danger to other people.
Fingerprinting
There are different rules about fingerprinting, depending on your age:
- under 10: the police are not allowed to fingerprint you
- 10 to 14: you and your parents or guardian must agree before you can have your fingerprints taken. You don’t have to agree to this. If you or your parents or guardians refuse fingerprinting, the police have to get permission from the Children’s Court
- 15 to 17: your parents, guardian or an independent person must be with you when the police ask to take your fingerprints. They must also be there if your fingerprints are taken
- 17 years and older: in most situations you have to let the police take your fingerprints if they believe you have committed an offence. This is not the case in some minor offences like jaywalking and littering
If you refuse to give your fingerprints, the police can use ‘reasonable’ force to get them. Reasonable force means the police may physically restrain you and take your fingerprints. If you are 16 or younger, this must be audio- or videotaped.
Your fingerprints must be destroyed within six months if you are not charged or are found not guilty. They must also be destroyed if you don’t re-offend before turning 26, unless you were charged with a serious offence like murder, assault or rape. You can check with the police to make sure that it has been done.
Forensic procedures and body samples
A forensic procedure is a physical examination. Some forensic procedures involve taking ‘intimate’ body samples, like blood, pubic hair, anal, genital or breast swabs, saliva, and mouth or dental impressions.
A qualified doctor or dentist must carry out these procedures. The police must tell you beforehand that you don’t have to answer any questions asked by the doctor or dentist.
The police can take ‘non-intimate’ body samples from you, like hair, fingernail or toenail scrapings and some external body swabs. Depending on your age, different rules apply if the police want to get body samples:
- under 10: police can’t take a body sample under any circumstances
- 10 to 17: police can only take a body sample if they get a court order; a parent, guardian or independent person must be with you if a body sample is taken
You should always get legal advice before agreeing to give any blood or a body sample.
Photos
The police may want to take your photo so they can identify you when you are being:
- kept in a police cell
- released from custody on bail with conditions that you report to a local police station.
If you are between 10 and 18 your parents or guardian must consent (or the court must order it) before you can be photographed. If you are under 10 you cannot be photographed by the police.
The police may want to photograph you without your permission, like when you are sitting in the waiting room or in a cell. You do not have to show a tattoo or part of your body. You have the right to say you don’t want your photo taken. You can also complain to a senior officer at the station.
ID parades
Talk to a lawyer before you agree to be in an ID (identification) parade. You have the right to refuse and cannot be forced to take part.
Terrorism laws
There are new terrorism laws that give the police powers to arrest and detain people. These laws are complicated. Get legal advice.
Related pages
Terrorism laws (general information)
Complaints
If the police have done something you think is wrong, you can make a complaint. If you want to complain do it quickly. Get legal advice, especially if you have been charged with an offence. If you are injured, go to a doctor immediately.
Related pages
Complaints about police (general information)
More information
Dealing with the police (general information)
Security guards & transport inspectors
Related publications
Your rights: police powers in Victoria
How we can help
Victoria Legal Aid’s (VLA) has a Youth Legal Service that provides legal information and assistance to children, young people and parents.
Call VLA’s 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 free legal services include:
- advice at VLA offices and other locations across Victoria
- lawyers who are on ‘duty’ to help at many courts and tribunals, including the Children’s court
- advice at many correctional facilities, remand and detention centres, including the Melbourne Juvenile Justice Centre, Parkville Youth Residential Centre and secure welfare facilities.
For some 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?
Youthlaw is a community legal centre for young people up to the age of 25. Youthlaw can help with:
- confidential legal advice, information and casework services
- information about your legal rights and responsibilities.
See the Youthlaw website (new window) or call them on (03) 9611 2412 or email info@youthlaw.asn.au.