You should always speak to a lawyer before you speak to the police no matter how big or small the case may seem, because anything you say to police can be used against you later on.

Generally speaking, you have the right to silence when speaking with the police and therefore you do not need to answer any questions or provide a statement to the police. However, there are situations that you must provide the police with your name and address when asked.

The police can lawfully demand your name and address if:

1.    They reasonably believe that you have committed an offence;

2.    They reasonably believe that you are about to commit an offence;

3.    If they believe you would be able to assist them with providing information regarding an indictable (serious) offence;

4.    If you are the driver of a vehicle or boat and have been asked to provide identification;

5.    If you have been requested to leave a public place or ‘move’ because they suspect that you are either disrupting or likely to disrupt the peace; behaving in a manner that could be dangerous to the safety of the public or that your behaviour is likely to cause injury or damage to property;

6.    If you are in a licenced premises or a hotel establishment;

7.    If you are on public transport such as a bus, train or tram, or are on public transport property.  Please note that protective service officers (PSOs) and public transport inspectors can also ask for your name and address.

It is always an offence to give a false name and address to police.  If you give a false name and address, you may be charged and brought before a court.  It is also a criminal offence not to provide your name and address in any of the above circumstances, however, you can exercise your right to silence and answer “no comment” to all other questions.

Police officers also have obligations under the law. They must:

•    tell you the reason for asking for your name and address and if they don’t, you have the right to ask them and they must tell you;

•    tell you their name, rank and the police station they are from, if you ask them;

•    put those details in writing for you, if you ask them.

If a police officer refuses to provide you with their details after you have requested them, either verbally or writing, they are committing an offence.

Contact our legal team today for legal advice if you have been asked to attend a police station or have already been interviewed by police – one call to the right lawyer can make a real difference to the outcome of your matter.