Your top 10 rights with NSW police
What police can and cannot do, and the exact words to use in each situation. Plain English, NSW law, one page you can keep on your phone.
You do not have to answer police questions, do a recorded interview, or consent to a search. You usually do have to give your correct name and address when lawfully asked. The one sentence that covers most situations: I want to speak to a lawyer, and I do not wish to answer any questions.
- Save this page or the PDF to your phone before you need itSection 12 of this guide
- Read the guide on the police interview if you have been asked to attend oneERISP guide
- If you have already been charged, start with what happens after you are chargedAfter charged guide
If you are under 18, or police have given you a special caution for a serious indictable offence, the rules are different in ways that matter. Get a lawyer before you say anything at all.
| Police ask questions | I do not wish to answer any questions. |
| Police ask for ID | Am I required by law to give my name and address? |
| Police search you | I do not consent to this search. |
| Police want an interview | I do not wish to participate until I have legal advice. |
| Police arrest you | What am I being arrested for? I want a lawyer. |
| Police come to your home | Do you have a warrant? I do not consent to entry. |
| Any doubt | I want to speak to a lawyer first. Then wait. |
1The golden rule
Start here
Before any police interaction, stop talking. Wait. Get legal advice. Almost everything else that goes wrong in a police interaction can be fixed later by a lawyer. Words cannot be unsaid, and the words people most regret are the ones they said to help themselves.
Each right below has three parts: what the right is, the words to say, and the law it comes from. The words are short on purpose. Say them, then stop.
2You do not have to answer police questions
Right 1
Police may ask questions. That does not mean you have to answer them. Do not explain, do not argue, and do not try to talk your way out of it; people who talk their way out of it are rare and people who talk their way into a charge are common.
I do not wish to answer any questions.
Legal basis: The right to silence at common law, preserved by Evidence Act 1995 (NSW) s 89. This is a summary for general understanding. The full provision is more detailed and may not apply in all circumstances.
3You may have to give your name and address
Right 2
If police lawfully require your identity, give your correct name and address, then stop. Giving false details is an offence. If you are not sure whether you are required to, ask, and comply if the answer is yes.
Am I required by law to give you my name and address?
Legal basis: Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) ss 11, 12; drivers must also produce a licence under the Road Transport Act 2013 (NSW) s 175. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
4You do not have to consent to a search
Right 3
Police can search you without a warrant if they have a reasonable suspicion. Whether they had one is a question for a court later. Your job now is to make clear you did not consent, and then to comply physically. Do not run, do not push, do not obstruct. Consent given at the roadside removes the argument your lawyer would otherwise have.
I do not consent to this search.
Legal basis: LEPRA ss 21 to 31 (search powers); Evidence Act 1995 (NSW) s 138 (exclusion of improperly obtained evidence). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
5A strip search is different
Right 4
A strip search requires police to believe it is necessary for the purposes of the search and that the seriousness and urgency of the circumstances make it necessary. It must be conducted in private, by an officer of the same sex, and not in the presence of unnecessary people. A person under 18 must have a support person present unless it is not reasonably practicable. State your objection, ask for the grounds, do not physically resist, and remember everything for your lawyer.
I do not consent to a strip search. What are your grounds?
Legal basis: LEPRA ss 31 to 33A. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
6You have the right to silence
Right 5
In most cases you are not required to provide a statement, answer questions, or give your version of events. There is one important exception. For serious indictable offences, police may give a special caution in the presence of your lawyer, after which a court may draw an unfavourable inference if you fail to mention something you later rely on. If you hear the words special caution, say nothing further until you have a lawyer with you.
I am exercising my right to silence. I want to speak to a lawyer.
Legal basis: Evidence Act 1995 (NSW) ss 89, 89A. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
7You do not have to do the police interview
Right 6
The recorded interview, the ERISP, is not a conversation and it is not your chance to tell your side. It is evidence gathering, and it is played in court. "It will look better if you cooperate" is not a reason to participate. The guide on your rights in a police interview covers this in full.
I do not wish to participate in an interview until I have received legal advice.
Legal basis: LEPRA s 122 (right to communicate with a lawyer); Evidence Act 1995 (NSW) s 138. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
8You have the right to ask for a lawyer
Right 7
If you are arrested, detained, or asked to attend the station, ask for a lawyer. Police must give you a reasonable opportunity to contact one before questioning. Do not take police advice about whether you need one. If you cannot reach a lawyer, ask for Legal Aid, or, if you are Aboriginal or Torres Strait Islander, the Aboriginal Legal Service.
I want to speak to a lawyer.
Legal basis: LEPRA s 122, s 123. This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
9Police usually need a warrant to enter your home
Right 8
Police can enter without a warrant in limited situations: to arrest someone they reasonably believe is inside, to prevent a breach of the peace, or where a domestic violence offence is suspected, among others. Outside those, they need a warrant or your consent. Do not casually invite police in. Ask what power they are relying on. If there is no warrant and no stated power, you may refuse entry, calmly.
Do you have a warrant? What power are you relying on? I do not consent to entry.
Legal basis: LEPRA Part 2 Division 1 (entry), Part 5 (search warrants), ss 82 to 85 (domestic violence entry). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
10If you are arrested, do not resist
Right 9
Ask what you are being arrested for. Say you want a lawyer. Then comply. Resisting arrest is a separate offence even if the arrest turns out to be unlawful, and an unlawful arrest is fought in court, through your lawyer, not on the footpath.
What am I being arrested for? I want to speak to a lawyer.
Legal basis: LEPRA s 99 (arrest without warrant), s 201 (police must state reason); Crimes Act 1900 (NSW) s 58 (resisting). This is a summary for general understanding. The full provisions are more detailed and may not apply in all circumstances.
11Say nothing about your case to anyone
Right 10
Once police are involved, assume anything you say can be used later. That includes friends, family, a co-accused, anyone in a holding cell, phone calls from custody, and anything on social media. Messages and posts are regularly tendered in NSW courts.
Say nothing until you have spoken to a lawyer. No exceptions.
12The one sentence that covers most situations
Summary
I want to speak to a lawyer. I do not wish to answer any questions.
13Keep this with you
Action
Save this page to your phone, or print the PDF and keep the quick-reference table in your wallet.
If you are under 18, or have been given a special caution
The rules on interviews, support persons and inferences from silence change in both situations, and the cost of getting them wrong is a statement that becomes the case against you. Get a lawyer before you say anything.
Request a consultationGeneral information only, not legal advice. NSW-specific. Every matter turns on its own facts and laws can change. Reading this guide does not create a solicitor-client relationship between you and the lawyers who produced it.