What rights do I have when I’m dealing with the Police?
What are the special rules for the under-17s?
What should you do if a Police officer stops you or questions you?
If I get stopped on suspicion of drinking and driving, what happens?
Under what circumstances can the Police take you home?
What are my rights if I’m arrested?
Can I complain about how I was treated by the Police?
What rights do I have when I’m dealing with the Police?
You usually have the right to not give the Police any personal details. However in some situations you legally have to give your name, age and address;
- when you’re driving or riding a bike
- if you’ve been arrested
- if you’re in a pub and Police think you’re under-age
- if they think you’re a truant (not at school when you’re supposed to be)
If you are legally required to give your personal details, that doesn’t mean you have to give them any other information or make any further statements.
You don’t have to go with the Police to the Police Station unless you’ve been arrested. If you agree to go with them without being arrested, you can change your mind and leave at any time (unless you’ve failed a breath/blood test while driving)
You don’t have to give a verbal or written statement to the Police, no matter what the situation is. If you decide to make a statement you can change your mind and don’t have to go ahead with it Any statement you do choose to make can be used as evidence against you later.
You’re allowed to see a lawyer, and if you’re under 17, your parents or another adult of your choice
What are the special rules for the under-17s?
If you’re under 17, the Police have fewer powers to arrest and question you, and you are dealt with by different rules and different courts;
If you’re under 10, you can’t be charged with any criminal offence. Once you’re 10 you can only be charged with murder or manslaughter. Once you’re 14 you can be charged with other offences
Until you’re 14 you are a “child” and if you break the law you’ll be dealt with by Police Youth Aid diversion, a family group conference or the Family Court (also see What is Police Youth Aid diversion?).
At age 14, 15 and 16 you’re a “young person”, and if you break the law you’ll be dealt with by Police Youth Aid diversion, a family group conference or the Youth Court. The aim is to help young people learn from their mistakes and to develop in a more responsible way. At 17, you’re an “adult” and appear in adult courts.
You’re entitled to have a lawyer and another adult with you when the Police are questioning you or taking a statement from you
The Police have to explain your rights to you in a way that you can understand. If you’re not sure what something they’ve said means, ask the Police officer or check with your lawyer or another adult
What should you do if a Police officer stops you or questions you?
First, make sure the person really is an officer, especially if they’re in plain clothes. You can ask to see their proof of identity and they have to show you.
Second, be very careful that what you say or write down for the Police is exactly what you mean. State clearly what you have to say and leave it at that. Don’t lie.
It doesn’t pay to argue with the Police. If they suspect you’ve committed a crime you’re entitled to say nothing until you’ve spoken to a lawyer.
If one of your friends is arrested or spoken to by the Police, it’s usually best not to interfere. Get help from a lawyer or from your friend’s family if necessary.
If I get stopped on suspicion of drinking and driving, what happens?
The Police can ask you to take a breath-screening test. If you refuse, or you fail the breath-screening test, they can require you to go to a Police station for an evidential breath test or blood test or both. If you refuse to go to the station they can arrest you. You have the right to talk to a lawyer before you take an evidential breath or blood test.
More information on alcohol and testing are in our Travel and Transport section.
Under what circumstances can the Police take you home?
If you’re under 17 and not with your parents or guardians and the Police think your physical or mental health is seriously at risk, then they can take you home, or place you in the care of a social worker if you don’t want to go home. They can do this whatever time it is and even if you’re not in a public place.
If you’re over 17 and drunk or appear to be on drugs, the Police can take you home. If you can’t or won’t tell the Police where you live, they can take you to a detox centre or temporary shelter. If no-one can take you, the Police can hold you for up to 12 hours until you are capable of looking after yourself.
What are my rights if I’m arrested?
If you’re arrested, whatever your age you must give your name, address and date and place of birth. You must also allow your fingerprints and photo to be taken. The Police may take blood samples or samples from your mouth (“buccal” sample) for DNA analysis if;
- you’re a suspect, and
- the offence is serious enough to be tried by a jury, or
- they have reasonable grounds to suspect that the DNA will prove your involvement.
Anyone who has been arrested has the right to talk to a lawyer. If you’re under 17, you’re also entitled to see a parent or other adult of your choice.
Police rules state that normally a friend or relative named by you should be told that you’ve been arrested. The Police must in any case tell your parents that you’ve been arrested if you’re under 17.
If you’re under 17 and you’ve been arrested or are being questioned by the Police, you can have an adult with you for support. If you refuse to name someone, or the person you choose isn’t suitable, the Police can choose another adult (not a Police officer). The adult’s role is to make sure that you understand what is happening and that you’re not being disadvantaged.
Everyone in this situation has the right to talk to and instruct a lawyer without delay, in private and for free. There is a duty roster of Police Detention Legal Assistance (PDLA) lawyers so that help is available 24 hours a day and at no cost to you. There should be a list of lawyers available at the Police station. If you don’t have a lawyer, ask for the duty roster list and pick one. Also, see how to find a good lawyer.
Can I complain about how I was treated by the Police?
If you feel harassed or feel like the Police searched you when they shouldn’t have, you need to act quickly. Talk to your lawyer, and if you were injured by the Police, see a doctor and get photographs of your injuries.
You can make a complaint;
- Online or by mail at the Independent Police Conduct Authority (PO Box 5025, Wellington, freephone 0800 503 728).
- Verbally to a police officer, who will write down the complaint
- With a written statement, taken by a Police officer
- Through a written letter sent to anybody listed above
Don’t argue with the Police at the time. You should act as quickly as you can to lodge your complaint, and include in your complaint:
- Your name and contact details
- A description of what happened
- Date, time and location of the incident
- The names of anyone involved, or anyone who could help you resolve your complaint
- The name and/or badge number of the officer involved
- Details of any documents, witnesses or records that may help resolve your complaint
- Any other relevant information