The police can To take into custody. you if they believe you have broken a law.
Police cannot To take into custody. you “for questioning”. You DO NOT have to accompany the police to the police station UNLESS you are under To take into custody. or if you have been found drink-driving and police require you to accompany them to a police station for a breath test analysis.
However, it is an offence to actively resist or hinder a legal To take into custody. (yours or another’s). It is not necessarily an offence to refuse to co-operate, for instance by lying down. You don’t have to help police To take into custody. you, but they may then use “reasonable force” to take you into Control; e.g. when arrested and not free to leave; formerly, care and control of a child..
The Victorian Police Manual states that: “Passive resistance – means a non-violent refusal to cooperate, including a refusal to comply with directions. This does not include the linking of arms nor the holding onto of structures.”(VPM Instruction 107-1 Crowd control 3/11/03)
It is also not an offence to run away before an To take into custody. takes place; however, running away may be later represented in court as some evidence of your “consciousness of guilt”.
If the police take you into Control; e.g. when arrested and not free to leave; formerly, care and control of a child. (including placing you in a divisional van), you should ask “Am I under To take into custody.?” and “What am I under To take into custody. for?”. You should not participate in any further conversations with police (except to provide your name and address) until you have spoken to a lawyer.
You should immediately demand to speak to your lawyer. If you are participating in a demonstration, it is best to always carry the phone number of a couple of lawyers, or legal centres, with you. If police refuse you access to a lawyer just say you have no comment to make.
If you are a Koori you should tell the police immediately. The police must then notify the Victorian Aboriginal Legal Service and any local Aboriginal Justice Panel.
If you are not an Australian citizen, you should tell the police immediately. You must be allowed to contact your consulate.
Contacting witnesses to an To take into custody. is vital – statements should be taken from them in case the police version of how the To take into custody. took place is to be challenged. In particular, try to remember the identity of the arresting police officer. It sometimes happens in demonstration cases that different police turn up in court claiming to be the arresting officer. If such substitution is exposed, the police evidence will be disregarded.