Your rights and responsibilities in an encounter with the police

Most encounters between citizens and the police are brief and uneventful. Knowing what to expect on both sides makes them shorter, calmer and less likely to go wrong.

This note sets out general principles. It is published for public education and is not legal advice. Where a specific legal question arises, consult a legal practitioner.

What you are entitled to

• To know who is speaking to you. Officers carry identification, and you may ask to see it.
• To know why. If you are stopped or arrested, you are entitled to be told the reason, in a language you understand.
• To be treated with dignity. You are entitled to be treated humanely and without degrading treatment.
• To remain silent. You are not obliged to answer questions beyond identifying yourself, and you may say that you would prefer to speak with a lawyer first.
• To legal representation. If you are arrested, you are entitled to consult a legal practitioner of your choice.
• To inform someone. You are entitled to have a relative or another person of your choosing informed of your arrest and where you are being held.

What is expected of you

• Stop when directed, and keep your hands visible.
• Identify yourself and produce documents when properly asked for them.
• Do not obstruct an officer carrying out a lawful duty.
• Do not offer, and do not accept a request for, any inducement. Giving or demanding a bribe is an offence for both parties.
• Remain calm. Disputes about whether a stop was justified are resolved afterwards, through the complaints process, not at the roadside.

At a checkpoint

Slow down, dip your headlights, and stop where directed. Remain in the vehicle unless asked to step out. Keep your documents accessible so you are not reaching into places an officer cannot see. If you are travelling at night, you may ask to be directed to the next lit or populated point before producing documents.

Keep your own record

Whatever the outcome, note the time, the location, the vehicle or station involved, and the name or number of the officers present. A contemporaneous note is the single most useful thing you can produce later, whether you are making a complaint or supporting an officer who acted properly.

Raising a concern about conduct

• Report the matter at the divisional police station covering the area, and ask for a reference.
• If that is not appropriate in the circumstances, raise it at the State Command headquarters.
• Serious allegations of misconduct may be taken to the Force Headquarters complaint channels, or to the Police Service Commission, which is independent of the Force.
• Keep copies of everything you submit, and note who received it and when.

A complaint made with a date, a place and a name can be investigated. One made without them usually cannot.

If you need the police urgently

Use the official emergency numbers for your area. This website is published for information and is not monitored in real time.