The Law Handbook 2024

Chapter 3.5: Arrest, search, interrogation and your rights 179 carrying either some evidence, other than forensic material, in relation to an indictable offence or some ‘seizable item’; • the police officer suspects on reasonable grounds a strip search is required to recover the item or evidence; and • the officer has approval of an officer of the rank of superintendent or higher. Behaviour on arrest Conduct can make a difference In many situations, police have discretion to arrest a suspect or to proceed by way of summons. The behaviour of a suspect often influences which course the police adopt. It is extremely important to remain calm and not use abusive language or behave badly when being questioned by the police. The same may be said of police behaviour. If an arrest proves to be unlawful, actions for assault and false imprisonment may be brought at a later stage. For some very minor offences, polite conduct towards the police may prevent a charge being laid at all. Giving name and address Police have the power to require the name and address of any person they reasonably believe: • has committed, or is about to commit, any offence; or • may be able to assist the investigation of an indictable offence. If you are required to give your name and address, you are in turn entitled to ask the police officer to tell you their own name, and their rank and place of duty. In these circumstances, if either you or the police officer refuse to supply the required information – or if either of you supply false information – you can be fined up to $500. The power in relation to Commonwealth offences is similar, but places two further duties upon the police. Police must explain why they are making the request and, if they are not in uniform, then they must, if requested, provide some proof that they are a police officer. Other situations in which a person must give their name and address include: • name and address must be given and driver licence produced in relation to traffic offences when driving a motor vehicle, if this is requested by police; • name and address must be given and proof of identity produced where a person has contravened or is about to contravene the Transport (Compliance and Miscellaneous) Act 1983 (Vic) or the Graffiti Prevention Act 2007 (Vic); and • name and address must be given by deportees and prohibited immigrants, who must also answer certain questions. Interrogation Period allowed for questioning: Victorian offences The Crimes Act (Vic) (s 464A) requires that anyone taken into custody for an offence must be: • released (whether on bail or not); or • brought before a justice or the Magistrates’ Court within a reasonable time. What a ‘reasonable time’ is depends on the facts of each particular case, but the following things will be taken into account: • the time needed to bring the person to the court; • the number of offences and their degree of complication; • any need for police to read and collate material and for other steps in preparing for questioning; • the time needed to take a person from where they are arrested to where they can be interviewed (usually the nearest police station); • the number of other people to be interviewed; • any need to visit the scene of an incident; • time spent to allow a suspect to talk to a lawyer, friend, relative or an independent third person, and in waiting for such people to get to the station; • time spent while the suspect receives medical attention or is allowed to rest; • the total time the suspect spends with police; and • other matters reasonably connected with the investigation. Note that the meaning of ‘reasonable time’ was considered in DPP v Hollis & Hull [2019] VSCA 110. Interviewing a person already in custody If police want to interview a person who is already being held in a prison or police cell on other charges, then they have to apply in writing to a Magistrates’ Court (or a Children’s Court if the person to be questioned is less than 18 years old at the time of