{"id":26123,"date":"2014-07-03T06:00:02","date_gmt":"2014-07-03T06:00:02","guid":{"rendered":"https:\/\/rmolaw.com.au\/protecting-rights-you-have-them-for-a-reason\/"},"modified":"2025-02-24T05:19:00","modified_gmt":"2025-02-24T05:19:00","slug":"protecting-rights-you-have-them-for-a-reason","status":"publish","type":"post","link":"https:\/\/rmolaw.com.au\/zh\/protecting-rights-you-have-them-for-a-reason\/","title":{"rendered":"Protecting Rights: You Have Them For A Reason"},"content":{"rendered":"

The world was graced with pictures and film footage of one of Australia\u2019s richest men and a multimillionaire media mogul trading blows in a two-sided brawl. It was in public, in the middle of the day and can be classified as \u2018affray<\/a>\u2019, a crime against public order, disturbing the peace and most importantly with the possibility of causing a bystander to be afraid.<\/p>\n

Many potential crimes, including affray (as described above) can result in an innocent individual or someone who has acted contrary to their usual behaviour receiving a criminal record or worse yet being sentenced to jail.\u00a0 It is critical that you know your rights when in such a situation; otherwise your interactions with the police could make your predicament much worse.<\/p>\n

This article outlines what people\u2019s rights are and what they should do if they are questioned, arrested and\/or charged with an offence.<\/p>\n

What Are My Rights?<\/h3>\n

If a police officer arrests, detains or questions you, you have the right to call a lawyer.<\/p>\n

What this means is that you have the right to speak with a lawyer without delay.\u00a0 Generally you will be provided with a telephone and phone book with lawyer\u2019s numbers to be able to talk to one.<\/p>\n

It is important to talk to a lawyer as soon as possible.\u00a0\u00a0In most instances you do not have to answer police questions and it is advisable that speak to a lawyer before speaking with police.<\/p>\n

The exception to this is that a police officer has the right to request your name and address if it is unknown to them.\u00a0 You must provide the answer to these questions if asked.\u00a0 It is best to speak to a lawyer to determine what questions you must answer and how you should react to any enquiries made of you by police.<\/p>\n

Police Powers & My Obligations<\/h3>\n

Searches<\/em><\/p>\n

The police do not have powers to search an individual prior to an arrest.\u00a0 This is unless they reasonably suspect that they have committed an offence or are likely to destroy evidence.\u00a0 Of course, there must be a \u2018reasonable suspicion\u2019 based on some factual basis for the suspicion, rather than a mere possibility.\u00a0 Again, it is strongly suggested that you seek legal advice if you are confronted by police or the subject of a search warrant.<\/p>\n

Arrest<\/em><\/p>\n

If you are arrested the police must state the reason for the arrest, unless it is obvious to the individual and\/or unless the individual makes it impossible for the police to inform them.\u00a0 In Queensland, police don\u2019t have to caution you when you are being arrested about your right to silence unless they want to question you as a suspect in a serious offence.\u00a0 If you are unsure as to why you are being arrested ask and write down the details as soon as possible.\u00a0 You should remain calm and comply with the police request if you are placed under arrest.\u00a0 It is an offence to assault or obstruct police officers (or police dogs or police horses) when they are carrying out their duties.\u00a0 Again, as soon as practicable you should ask to speak to a lawyer so that the lawyer can advise you of your rights and provide you with an overview of the process that will take place after your arrest.<\/p>\n

Why Contact A Lawyer?<\/h3>\n

By contacting a lawyer you can receive advise about your rights in regards to the following:<\/p>\n