Just going through some law stuff from uni and thought it might be useful to post it here. This is all stuff from the Victorian Crimes Act and therefore only applicable to Victoria, but you can go to www.austlii.edu.au and do a search through the legislation.
Heres the law relating to giving your name and address to police officers.
456AA. Requirement to give name and address
(1) A member of the police force may request a person to state his or her name
and address if the member believes on reasonable grounds that the person-
(a) has committed or is about to commit an offence, whether indictable or summary; or
(b) may be able to assist in the investigation of an indictable offence which has been committed or is suspected of having been committed.
(2) A member of the police force who makes a request under sub-section (1) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.
(3) A person who, in response to a request made by a member of the police force in accordance with this section-
(a) refuses or fails to comply with the request; or
(b) states a name that is false in a material particular; or
(c) states an address other than the full and correct address of his or her ordinary place of residence or business-
is guilty of a summary offence punishable on conviction by a level 11 fine (5
penalty units maximum).
(4) A person who is requested by a member under sub-section (1) to state his or her name and address may request the member to state, orally or in writing, his or her name, rank and place of duty.
(5) A member of the police force who, in response to a request under sub-section (4)-
(a) refuses or fails to comply with the request; or
(b) states a name or rank that is false in a material particular; or
(c) states as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty; or
(d) refuses to comply with the request in writing if requested to do so-
is guilty of a summary offence punishable on conviction by a level 11 fine (5
penalty units maximum).
This part is to do with arrests being made by the general public
458. Person found committing offences may be arrested without warrant by any
person
(1) Any person, whether a member of the police force or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law or deliver to a member of the police force to be so taken, any person-
(a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely-
(i) to ensure the appearance of the offender before a court of competent jurisdiction;
(ii) to preserve public order;
(iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or
(iv) for the safety or welfare of members of the public or of the offender;
(b) when instructed so to do by any member of the police force having power under this Act to apprehend that person; or
(c) he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case.
(2) For the purposes of paragraph (a) in sub-section (1) "offence" means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament.
(3) A person who has been apprehended without warrant pursuant to the provisions of paragraph (a) in sub-section (1) in respect of any offence punishable on summary conviction (not being an indictable offence punishable summarily) and taken into custody shall be held in the custody of the person
apprehending him only so long as any reason referred to in the said paragraph for his apprehension continues and where, before that person is charged with an offence, it appears to the person arresting that person that the reason no longer continues the person arresting that other person shall, without any further or other authority than this sub-section, release that person from
custody without bail or cause him to be so released and whether or not a summons has been issued against him with respect to the offence alleged.
{Note: this section may not be fully applicable because drug offences come under the Drugs, Poisons and Controlled Substances Act 1981 . Sorry I did criminal law a while ago
).
Heres the section pertaining to Police Officers arresting you
459. Powers of member of police force to apprehend offenders
In addition to exercising any of the powers conferred by section 458 or by or under any other Act a member of the police force may at any time without warrant apprehend any person-
(a) he believes on reasonable grounds has committed an indictable offence in Victoria (including any indictable offence which may be heard or determined summarily); or
(b) he believes on reasonable grounds has committed an offence elsewhere which if committed in Victoria would be an indictable offence against the law of Victori (including any indictable offence which may be heard or determined summarily).
Searching and Entering Premises in connection with the above sections
459A. Entry and search of premises
(1) A member of the police force may, for the purpose of arresting under section 458 or 459 or any other enactment a person whom he-
(a) believes on reasonable grounds-
(i) to have committed in Victoria a serious indictable offence;
(ii) to have committed an offence elsewhere which if committed in Victoria would be a serious indictable offence; or
(iii) to be escaping from legal custody; or
(b) finds committing a serious indictable offence-
enter and search any place where the member of the police force on reasonable grounds believes him to be.
(2) In order to enter a place pursuant to sub-section (1), a member of the police force may, if it is necessary to do so, use reasonable force.
(3) In this section "serious indictable offence" has the same meaning as it has in section 325.
Definition of 'Finds Committing'
462. Definition of "finds committing"
In this Act the expression "finds committing" and any derivative thereof extends to the case of a person found doing any act or so behaving or conducting himself or in such circumstances that the person finding him believes on reasonable grounds that the person so found is guilty of an offence.
Theres a heap more but I don't want to post too much. The Vic stuff is at www.austlii.edu.au/au/legis/vic/consol_act/ca195882/ . Hope its useful.
{sorry if this is in the wrong place, but I think it would probably get buried in the legal board amongst the american drug busts etc.}
[This message has been edited by pundi (edited 08 February 2001).]
Heres the law relating to giving your name and address to police officers.
456AA. Requirement to give name and address
(1) A member of the police force may request a person to state his or her name
and address if the member believes on reasonable grounds that the person-
(a) has committed or is about to commit an offence, whether indictable or summary; or
(b) may be able to assist in the investigation of an indictable offence which has been committed or is suspected of having been committed.
(2) A member of the police force who makes a request under sub-section (1) must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.
(3) A person who, in response to a request made by a member of the police force in accordance with this section-
(a) refuses or fails to comply with the request; or
(b) states a name that is false in a material particular; or
(c) states an address other than the full and correct address of his or her ordinary place of residence or business-
is guilty of a summary offence punishable on conviction by a level 11 fine (5
penalty units maximum).
(4) A person who is requested by a member under sub-section (1) to state his or her name and address may request the member to state, orally or in writing, his or her name, rank and place of duty.
(5) A member of the police force who, in response to a request under sub-section (4)-
(a) refuses or fails to comply with the request; or
(b) states a name or rank that is false in a material particular; or
(c) states as his or her place of duty an address other than the name of the police station which is the member's ordinary place of duty; or
(d) refuses to comply with the request in writing if requested to do so-
is guilty of a summary offence punishable on conviction by a level 11 fine (5
penalty units maximum).
This part is to do with arrests being made by the general public
458. Person found committing offences may be arrested without warrant by any
person
(1) Any person, whether a member of the police force or not, may at any time without warrant apprehend and take before a bail justice or the Magistrates' Court to be dealt with according to law or deliver to a member of the police force to be so taken, any person-
(a) he finds committing any offence (whether an indictable offence or an offence punishable on summary conviction) where he believes on reasonable grounds that the apprehension of the person is necessary for any one or more of the following reasons, namely-
(i) to ensure the appearance of the offender before a court of competent jurisdiction;
(ii) to preserve public order;
(iii) to prevent the continuation or repetition of the offence or the commission of a further offence; or
(iv) for the safety or welfare of members of the public or of the offender;
(b) when instructed so to do by any member of the police force having power under this Act to apprehend that person; or
(c) he believes on reasonable grounds is escaping from legal custody or aiding or abetting another person to escape from legal custody or avoiding apprehension by some person having authority to apprehend that person in the circumstances of the case.
(2) For the purposes of paragraph (a) in sub-section (1) "offence" means offence at common law or a contravention of or failure to comply with a provision of an Act of Parliament and unless otherwise by Act of Parliament expressly provided does not include a contravention of or failure to comply with a rule regulation by-law or other law made under an Act of Parliament.
(3) A person who has been apprehended without warrant pursuant to the provisions of paragraph (a) in sub-section (1) in respect of any offence punishable on summary conviction (not being an indictable offence punishable summarily) and taken into custody shall be held in the custody of the person
apprehending him only so long as any reason referred to in the said paragraph for his apprehension continues and where, before that person is charged with an offence, it appears to the person arresting that person that the reason no longer continues the person arresting that other person shall, without any further or other authority than this sub-section, release that person from
custody without bail or cause him to be so released and whether or not a summons has been issued against him with respect to the offence alleged.
{Note: this section may not be fully applicable because drug offences come under the Drugs, Poisons and Controlled Substances Act 1981 . Sorry I did criminal law a while ago
Heres the section pertaining to Police Officers arresting you
459. Powers of member of police force to apprehend offenders
In addition to exercising any of the powers conferred by section 458 or by or under any other Act a member of the police force may at any time without warrant apprehend any person-
(a) he believes on reasonable grounds has committed an indictable offence in Victoria (including any indictable offence which may be heard or determined summarily); or
(b) he believes on reasonable grounds has committed an offence elsewhere which if committed in Victoria would be an indictable offence against the law of Victori (including any indictable offence which may be heard or determined summarily).
Searching and Entering Premises in connection with the above sections
459A. Entry and search of premises
(1) A member of the police force may, for the purpose of arresting under section 458 or 459 or any other enactment a person whom he-
(a) believes on reasonable grounds-
(i) to have committed in Victoria a serious indictable offence;
(ii) to have committed an offence elsewhere which if committed in Victoria would be a serious indictable offence; or
(iii) to be escaping from legal custody; or
(b) finds committing a serious indictable offence-
enter and search any place where the member of the police force on reasonable grounds believes him to be.
(2) In order to enter a place pursuant to sub-section (1), a member of the police force may, if it is necessary to do so, use reasonable force.
(3) In this section "serious indictable offence" has the same meaning as it has in section 325.
Definition of 'Finds Committing'
462. Definition of "finds committing"
In this Act the expression "finds committing" and any derivative thereof extends to the case of a person found doing any act or so behaving or conducting himself or in such circumstances that the person finding him believes on reasonable grounds that the person so found is guilty of an offence.
Theres a heap more but I don't want to post too much. The Vic stuff is at www.austlii.edu.au/au/legis/vic/consol_act/ca195882/ . Hope its useful.
{sorry if this is in the wrong place, but I think it would probably get buried in the legal board amongst the american drug busts etc.}
[This message has been edited by pundi (edited 08 February 2001).]