S11 Legal Support 9419 7427 During the s11 protests a legal team of solicitors, barristers and paralegals will be providing information and assistance. The legal observer team will observe, record and monitor arrests and actions by the Victoria police and private security. The legal support team will staff a 24-hour number (9419 7427), and ensure that there are lawyers * at the protest sites * able to visit people in police custody * to represent people in court We can be contacted at s11legal@yahoo.com   You have a right to protest. You have rights if you are arrested.   You should exercise those rights.

legal information -- your rights

BEING ARRESTED

Police are not required to give you a warning prior to arresting you, but sometimes they will.

Normally the police must tell you that you are under arrest and what they are arresting you for. You should always ask the police officer: "Am I under arrest?" and "What for?". Remember what they say.

It is an offence to actively resist or hinder a legal arrest (yours or another's). It is not necessarily an offence to passively avoid arrest, for instance by lying down. You don't have to help police arrest you, but they may then use "reasonable force" to arrest you.

 

NAME AND ADDRESS

The police have the right to ask for your name and address (whether you are under arrest or not). If you refuse to give your name and address, it is an offence and you can be charged. the police may refuse to release you on bailPolice may arrest and detain you to verify your name and address, if they suspect you are not telling the truth.

The police officer must tell you his/her name, rank and where they're stationed if you ask.

Ask them and remember what they say.

 

ANSWERING POLICE QUESTIONS

You have the right to refuse to answer police questions in all circumstances (except your name and address).

Tell them nothing (except your name and address). Say in answer to all questions - "I have done nothing wrong and I have nothing to say". Or "no comment".

There are no off the record conversations with police.

If you are 16 or under police cannot question you without an independent person present, this can be a friend or a relative or another person independent from the police.

 

LEGAL ADVICE

You have the right to communicate with your lawyer in private before police question you.

Ask the police to ring 9419 7427 and put you on the phone so you can speak to a lawyer.

A lawyer may be able to visit you in police custody.

 

CONTACTING RELATIVES AND FRIENDS

Before police question you, you have the right to communicate with a relative or friend to tell them where you are.

Ask the police to ring your relative or friend and put you on the phone so you can speak to them.

 

PHOTOGRAPHS & ID LINE UP

The police have no right to demand that you submit to being photographed. But just like anyone else they are entitled to try to take a photograph. If you do not want them to take your photograph, you could cover your face with your hands, turn away, bend down, or move your head.

You do not have to participate in an ID line up.

 

FINGERPRINTS

If you are 15 or older, the police have the right to demand that you give them your fingerprints.

They have the right to use reasonable force if you refuse.

If you are under 15, the police can only take your fingerprints if both you and your parent or guardian agree or if a Court orders it. You should not consent without speaking to a lawyer first.

 

SEARCHES

Police do not have an automatic right to search you. Police only have power to search you if they reasonably believe you are carrying a weapon, illegal drugs or stolen property. Always ask the police why they want to search you.

However, they Police will usually do a "pat down search" first.

Police can do a "strip search" if they have reasonable grounds. It should not be in public place and should be by an officer of the same sex as you.

They can not touch you improperly or conduct an external or internal physical examination without a court order or your consent. Do not consent to this. (See below.)

 

FORENSIC SAMPLES

For police to obtain a forensic sample (blood sample, hair or pubic hair, genital or mouth swabs etc.) from you they require your consent or a court order. You should refuse all requests for forensic samples and ask to speak to your lawyer.

 

GETTING OUT OF CUSTODY

The police have two choices

1) They can release you without charging you. You may get a summons later.

Or

2) They can charge you and release you on bail

Before you leave the police station you will be asked whether your treatment by police was reasonable, and you will usually be asked to sign that this was the case. You do not have to sign this.

Ask to leave as soon as you have been processed at the police station. Keep asking until they let you go or until they ask you to sign a bail undertaking.

 

BAIL

Bail is an undertaking (a promise) by you that you will turn up at court on the day your charge is listed. The undertaking is a form which you have to sign before they'll let you go. The form has standard conditions printed on it, such as that you will go to court etc.

The police can add special conditions to the undertaking - for example, a promise by you that you will not return to the demonstration or picket line. You do not have to agree to the special conditions.

If the bail undertaking does not include special conditions - sign it and leave.

If the bail undertaking includes special conditions:

a) Tell the police you want to speak to your lawyer. Ask them to ring him/her and put you on the phone to speak to them.

b) If you don't want to agree to the special conditions, don't sign the bail form. You may be kept in the police cells for some time. After a while or in the morning, you will be taken to the Magistrates Court. Your lawyer can ask the Magistrate to drop the special conditions. There is a good chance the Magistrate will agree.

c) Or you can sign the form with the special conditions and the police will let you go. If you breach the conditions, it may be grounds for the police to re-arrest you. A Court can alter the special conditions at a later date.

 

KEEPING RECORDS

If you are arrested, or have been a witness to arrests, it is of great importance to keep a personal and detailed record of any conflicts you have had or observed with the police, including the time and date of the incident. The legal team can assist you. Do not notify the police that you have made these records.

 

POLICE MISTREATMENT

If you have been assaulted by police, it is important that you see a doctor as soon as possible and ensure that they record your injuries and what happened. Take photos if the injuries are visible. Also record the names and contact details of any witnesses to the assault, and the people who saw you immediately before and after the incident. Get legal advice.

 

SECURITY GUARDS

Private security guards are not police officers and do not have the powers that police officers have. Private security guards only have the same rights and powers that citizens have.

The power of arrest of private security guards is limited to the power of arrest that every citizen has. Every citizen has the power to arrest someone who is caught "red-handed" committing an offence.

Security guards also have power, vested in them by the owners of the private property, to use reasonable force to protect that property and to evict trespassers.

There are limited complaint mechanisms against the unreasonable behavior of private security guards. Where you have sufficient evidence and significant injuries have been incurred, criminal charges or civil action against the private security firm may be appropriate.

 

hogtying is extremely shoddy police behaviour

so is shooting people

 

party for your right to fight

 

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