The NSW Police
Force work on keeping our community safe day to day so that we can feel safe in
the community and more specifically, their role is to ensure that anyone who is
alleged to have committed a crime is brought before the Justice system so that
the Court process can unfold. But did you know that the Police have one of the
hardest jobs in the country? This is because the police have many powers and
more importantly many responsibilities which they must adhere to day-to-day.
The legislation
which governs the bulk of police powers & responsibilities is the Law
Enforcement (Powers and Responsibilities) Act 2002.
A Police Officer
must provide the person of interest with the following (before or as soon as
reasonably practicable after) when exercising a range of Police Powers:
·
Evidence that they are a police officer (with the
exception if he or she is in uniform); AND
·
His/ Her name and place of duty; AND
·
The reason for such power being exercised.
It should be noted
that NSW police must do the above when they choose to exercise any of the
following powers:
–
Stop,
Search or Arrest a person;
–
Stop
or Search a Vehicle, Vessel or Aircraft;
–
Enter
or Search Premises;
–
Seize
Property;
–
Require
the disclosure of the identity of a person (including requiring the removal of
a face covering for identification purposes);
–
Give
or make a direction, requirement or request that a person is required to comply
with by law;
–
Establish
a crime scene at premises (other than a public place);
Police do NOT have to do
this however when they:
–
Enter
or Search a Public Place;
–
Execute
a Covert Search Warrant;
–
Detain
an intoxicated person.
In
light of the above, it
must be noted that if a police officer is acting unlawfully or even if
you feel that a police officer is acting unlawfully, we always advise that you
comply with the police officer so that you do not face the possibility of being
charged with a Criminal Offence.
It should also be
noted that any unlawful or improper conduct of a police officer could give rise
to a legal defence to the criminal charge(s) as well as (potential) Civil
Proceedings against the NSW police, so our advice is to comply with police and
later pursue the remedy later.
Why Choose Nicopoulos Sabbagh Lawyers to represent you?
Nicopoulos Sabbagh Lawyers is the leading Law firm in
Criminal Law matters as our office has dealt with the most complex matters and
our office appears in all Jurisdictions in Criminal Law. No matter is too
complex for the team so be sure to book your first Free Consultation today!
It is very important that you
speak with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced
solicitors are there for you and can help you answer all your questions, so be
sure to contact Nicopoulos Sabbagh
Lawyers.
*This article
correctly reflects the Laws of NSW as at 5th
May 2023.
*Please note that this page or any other pages on our
website (including any other social media platforms for Nicopoulos Sabbagh
Lawyers) are not to be considered as a substitute for legal advice or even
other professional advice. It should also be noted that accessing of this
information from this website does not
create a client-lawyer relationship.