Answer by Pearl Beaumont

• Yes in this case you needed to tell the police your name and address. This is because the police have the power to ask you for your name and address if they suspect that you have committed a crime. In your case they told you that they suspected you had broken into a car around the corner. Once you have given your name and address the police may want to ask you more questions. At this stage you can exercise your right to silence and not answer any questions. You can also ask to speak to your lawyer.
• Each state and territory has special laws that give the police power about when they can ask people for their name and address.

• The law will describe the situation when a police officer can ask you for your name and address. It will usually also say whether or not they are required to give you a reason.
• If you are asked for your name and address in any of these situation it is best to ask for a reason and calmly give your name and address.
• There are some common situations when police will usually have the power to ask you for your name and your address such as:
  • if they suspect you have committed an offence;
  • if they suspect that you are about to commit an offence;
  • if they want to give you a move on notice;
  • if you are on public transport;
  • if you are on a train platform;
  • if you are in a pub; or
  • if you are in a car accident.
• There are also some common situations where the police can ask you for your name and address without giving you a reason such as:
  • if you are stopped by the police when driving a car;
  • if you are inside a pub or nightclub;
  • if you are in a car accident; or
  • if the police think you can help them with an investigation into a serious offence.
• In some situations when police ask you for your identity you will also be asked for your date of birth. You may also may be asked to show the police some ID such as a drivers licence.