YOUR LEGAL RIGHTS

Being Questioned

• Police Officers are entitled to question you anywhere and at anytime, such as in the street, in a car, in your house or in someone else's house. They also have the right to ask for your name and address if they believe you have committed a crime, are about to commit a crime or if they believe that you have knowledge of a crime.
• You are entitled to ask Police Officers for their name, rank, badge number and place of duty and for them to explain the nature of the offence that they suspect you of committing.
• Think carefully before answering any questions asked by Police. Many people are convicted by their own admissions, particularly in relation to charges of self administration and possession.

Being Searched

• The Police may search you, your house or your car without a warrant if they have a reasonable suspicion that you have illicit or licit drugs or if they suspect the evidence will be destroyed.
• They may also search your house without a warrant if they believe they will find someone who has committed a serious crime or has escaped from custody. DO NOT OBSTRUCT THEM as you may be arrested. The best option is to ask why they want to search you or your property.

Being Charged or Arrested

• The Police may arrest you if they find you committing a crime, to stop you from committing another crime, or if they suspect that you have committed a crime. They may also arrest you if they believe the public is in danger or to ensure that you appear in court.
• If you have been arrested and charged, you can apply for bail. However, if you don't turn up to court to answer the charges against you a warrant for your arrest can be issued.
• It is in your best interest to cooperate with the Police by providing your name and address. You then have the right to remain silent until you have obtained legal advice. The Police MUST let you phone a friend, relative or a lawyer. If you have a solicitor it is best to contact them, otherwise ring your local legal aid office.

Being Held in Custody

• If you are arrested the Police must charge you as soon as possible. The current holding time is considered to be 'a reasonable time'. This is tricky to define, but generally speaking it depends on how long it takes to interview you or the seriousness of the offence. This period can be extended by a magistrate in certain circumstances.
• If you believe that you have been held in custody for too long you can ask the Police if you are going to be charged or released, or make a formal complaint later.

Bail

• If you have been charged and are being held in custody you have the right to seek bail and to be brought before a magistrate or bail justice as soon as possible. This hearing determines whether or not you should be released to answer the charges at a later date. At the bail hearing you can explain why you should be released and this includes refuting the Police's reasons for holding you.
• The Police can oppose your application to ensure that you appear in court, to safeguard the public and/or to stop you committing further crimes. If granted bail there maybe conditions imposed.