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What powers do police have in a public place?

I am going into the city with friends on the weekend for the first time. They have told me that the police often stop them and ask them questions. I am a bit nervous about this. What sorts of powers do the police have when dealing with people in a public place?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 30-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Public Order
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Jo Wilson, Macleod 3085 VIC

  • Each state and territory has special laws that give police the power to do their jobs.
  • Police must uphold the peace and ensure the safety of members of the public. To do this they are given special powers to deal with a range of situations that might happen in a public place. Police usually have the power to:
    • give you a move along direction;
    • detain you if you are drunk;
    • ban you from a pub for a set number of hours;
    • give you an on-the-spot fine for a public order offence; or
    • arrest you and charge you with an offence.

 

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