Chapter 5
Problem 7: Refusing to give your name or address to the police
The police raid your house. They say they suspect the bicycle they find in your house is a stolen bicycle. They ask you for your full name and address. You refuse to give it to them. They then arrest you and take you to the police station.
WHAT DOES THE LAW SAY?
The law says that if a police officer suspects that you committed a crime, or that you are trying to commit a crime or that you might be able to give them some information about a crime, they can ask you to give your full name and address. (See Powers of the police to question)
Before you give the police your name you can ask to see the identity documents of the police officers. If the police refuse to show their IDs, you need not give your name and address.
In this case, the police SUSPECTED THAT YOU COMMITTED A CRIME. So you were supposed to give them your name and address. Because you refused, they are allowed to arrest you. You can get a fine or prison sentence for refusing to give your name or address.
WHAT CAN YOU DO?
You must give the police your name and address. You do not have to say anything else. If you have an attorney you must ask to see him or her. If you do not have an attorney contact a member of your family, a friend, or someone from the nearest advice office. You can ask your family to apply for legal aid for you.
(See What to do if you are arrested) (See Applying for legal aid)
Ask the police for police bail. If the police do not give you bail, you must ask for bail as soon as you are charged in court. (See Bail)