Victoria Legal Aid

Police and my legal rights – what's the law?

This video provides basic legal information about dealing with police and your legal rights. It is the part of a series of videos about the law for people who have recently arrived in Australia.

See more videos about the law.

Transcript

Text: Police

[An image shows of two young adolescents loitering on a bench in a shopping centre. Abdi is in a red hoodie and black jacket while Gahmal wears a black cap and a black leather jacket.

[Vision changes to an image of a policeman approaching the two boys with a notebook and pen in hand.]

Policeman: What are you doing here boys?

[Vision changes to an image of the two boys looking dismissive.]

Abdi: Nothing.

[Vision changes to a close-up image of the policeman.]

Policeman: Were you here yesterday?

[Vision changes to a close-up image of Abdi.]

Abdi: No. Why do you want to know?

[Vision changes to a close-up image of the policeman.]

Policeman: Someone who looks like you has committed a crime in this area.

[Vision changes to a close-up image of Abdi looking frustrated.]

Abdi: I was at work all day yesterday.

[Vision changes to an image of the policeman writing in his notebook.]

Policeman: What is your name and address?

[Vision changes to a close-up image of Abdi looking frustrated.]

Abdi: Why do you want it?

[Vision changes to a wider shot of the policeman talking with the two boys on the bench.]

Policeman: You have to give me your name and address.

[Vision changes to a close-up image of Abdi looking defiant.]

Abdi: Alright, my name is Snoop Dogg.

[Vision changes to a close-up image of Gahmal looking blankly at Abdi.]

[Vision changes to a wider shot of the policeman talking with the two boys on the bench.]

Policeman: Do you have any ID on you?

Abdi: No!

[Vision changes to an image of the policeman looking unimpressed and doubtful.]

Policeman: Listen mate, I don’t believe your name is Snoop Dogg. I’m warning you—it’s an offence to provide a false name and address.

[Vision changes to a close-up image of Abdi looking defiant.]

Abdi: You tell me your name and address, cop!

[Vision changes to a close-up image of Gahmal looking reproachfully at Abdi.]

Gahmal: Just tell him your name.

[Vision changes to a wider shot of the policeman talking with the two boys on the bench.]

Policeman: Give me your real name or I will arrest you.

[Vision changes to a close-up image of Abdi looking angry.]

Abdi: I’m not going anywhere.

[Vision changes to a wider shot of the policeman talking with the two boys on the bench.]

Policeman: If you refuse to cooperate I will charge you with giving a false name.

[Vision changes to a close-up image of Abdi looking angry.]

Abdi: My name is Abdi Ghergis. My address is....

[Vision fades to black.]

[An image shows of Abdi sitting on a couch and looking at a letter while talking on his mobile phone.]

Abdi: Hey Gahmal how you doing? I just got a letter from the cops.

[Vision changes to an image of Gahmal walking down a suburban street and talking on his mobile phone.]

Gahmal: What does it say?

[Vision changes to an image of Abdi sitting on a couch and looking unimpressed while talking on his mobile phone.]

Abdi: It says, ‘You are charged with providing a false name and address to a police officer.’

[Vision changes to a close-up of Abdi holding the court order.]

Abdi: They got no sense of humour.

[Vision changes to an image of Gahmal walking down a suburban street and talking on his mobile phone.]

Gahmal: Pff! So...what’s gonna happen?

[Vision changes to an image of Abdi sitting on a couch and looking unimpressed while talking on his mobile phone.]

Abdi: I gotta go to the court in three weeks.

[Vision changes to an image of Gahmal walking down a suburban street and talking on his mobile phone.]

Gahmal: Bummer! You better go to Legal Aid, man.

[Vision fades to black.]

[An image shows of the reception of Legal Aid through glass doors. A sign on the doors reads “Legal Aid Lawyers And Services”.]

[Vision changes to an image of Abdi sitting at a table and talking with a female lawyer.]

Lawyer: So, tell me what happened.

[Vision changes to a close-up image of Abdi explaining himself to the lawyer.]

Abdi: Well, we were in the shops minding our own business and this cop comes up and he says...

[Vision fades to black.]

[Vision changes to an image of the lawyer talking with Abdi.]

Lawyer: Hmm. The police can ask for your name and address if they think you have done something wrong.

[Vision changes to a close-up image of Abdi looking dissmisive.]

Lawyer: Sometimes it’s easier to just tell them. It’s against the law to give them a false name and address.

[Vision changes to a close-up image of Abdi looking defiant.]

Abdi: It was a joke!

[Vision changes to a close-up image of the lawyer giving advice to Abdi.]

Lawyer: It’s still against the law. After you’ve given your name and address you have a right to silence.

[Vision changes to an image of Abdi looking thoughtful.]

Abdi: What’s that mean?

[Vision changes to a wider image of the lawyer talking with Abdi.]

Lawyer: Well, most of the time you don’t have to answer any other police questions. Like, where you’re going or what you’re doing.

[Vision changes to a close-up image of Abdi looking frustrated.]

Abdi: But the police are always picking on us.

[Vision changes to a close-up image of the lawyer gently giving advice to Abdi.]

Lawyer: Abdi, you must stay calm when you’re talking to the police even if you feel angry. You can complain later if they treat you badly and they have to give you their details too, if you ask.

[Vision changes to a close-up image of Abdi looking frustrated.]

Abdi: Well, I asked him and he didn’t give it to me.

[Vision changes to a wider image of the lawyer gently giving advice to Abdi.]

Lawyer: Well, he should have and I can help you complain if you want. Now these papers mean you must go to court in two weeks. If you don’t go you can be arrested and put in prison.

[Vision changes to an image of Abdi looking downtrodden.]

Abdi: OK.

[Vision fades to black.]

[An image shows of Abdi walking towards a courtroom. A message tone from a mobile phone sounds.]

[Vision changes to an image of Abdi reading a text message out the front of the courtroom.]

[Vision changes to a close-up image of a text message on a mobile phone. The message reads, “Good luck, Abdi. Call me when it’s over.”]

Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

We help Victorians with their legal problems and represent those who need it most. Find legal answers, chat with us online, or call us. You can speak to us in English or ask for an interpreter. You can also find more legal information at www.legalaid.vic.gov.au

Reviewed 10 March 2022

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