You are a criminal when

N.B. For the purpose of this post, the validity of law (in Victoria, Australia) is put aside.

Also noting now, that there are a fair few individuals that hold the information and skills required to prove that there is no valid law in Victoria (apart from the entrenched laws of the U.K.), which can be proven in a public forum (a place commonly referred to as a 'court'), irrespective of the outcome from an [allegedly]  corrupt 'judge' or 'magistrate'.

Although the documentation pertains to Victoria, it can be assumed it's applicable to the rest of Australia, regarding the section pertaining to 'criminal' offences.

Most people may not be aware that they have a contractual obligation to a certain party, as there has not been full disclosure or even a lawfully valid contractual agreement between the two parties, but according to (Victorian) 'law' they are CRIMINALS, and treated as such by the (unlawful) 'courts'.

Forget the catch phrase "Innocent until proven guilty".

The reality is that in Australia, we are under Roman Code, where you are guilty and have to prove innocence

READ THE COURT PAPERWORK!

You are the accused. You are the defendant.

According to the Magistrates' Court of Victoria:

Matters dealt with by Judicial Registrars

Judicial registrars have the powers to deal with a variety matters within the court’s jurisdiction, including

the following:

Criminal

• hear and determine licence restoration applications under the Road Safety Act 1986

• determine applications to remove alcohol interlock device

• all offences which can be dealt with by way of an infringement notice

• conduct the Infringements (PERIN) Court, which sits twice a week at Melbourne

• speeding offences

• certain traffic offences (such as use mobile phones, no “P” plates, fail to stop at stop sign)

• careless driving

• theft from shop (to the value of under $600)

• wilful damage (to the value of under $500)

• offensive or indecent behaviour

• parking offences

• Council prosecutions (such as dog attacks, parking offences, local law offences)

• Public Transport Act offences (such as no ticket, feet on seat, disorderly or abusive conduct).

Source: page 23 from http://www.magistratescourt.vic.gov.au/sites/default/files/Default/MCV%20Annual%20Report%202010-11.pdf

Brief comments that stand out in relation to the documentation provided by the Magistrate's Court of Victoria:

• The Road Safety Act (1986) is invalid,

• The Infrigements (PERIN) Court is not a valid court (read unlawful), and as a result the 'sheriff' is not chasing the 'fines',

• 'Parking' offences are unlawful,

• Council prosecution related to 'local law' offences are invalid.

It's time to expose the criminal Australian government, and put these matters into the public domain via the 'courts'.

Lodge renovation hidden from the public as cost blows out to $4.45m

Internal documents show requests for information from The Canberra Times have been denied on the grounds that it could generate ''negative comments'' about the project. Photo: Gerrit Fokkema
 

Staff in Prime Minister Tony Abbott’s office have blocked the release of information on the year-long restoration of The Lodge, fearing "negative comments" about the $4.45 million project.

As contractors continue major works at the prime minister's official residence in Deakin, internal documents show bureaucrats were instructed to give purposefully vague responses to requests for information from The Canberra Times. 

Released under Freedom of Information rules, a series of emails show officials in the Finance Department were told not to provide any explanation or identify Mr Abbott's office or the Department of Prime Minister and Cabinet as being responsible for the decision.

One senior bureaucrat said Mr Abbott’s staff could be concerned about privacy or a poor reaction to the information being made public.

''Just say the visit has not been approved and you are unaware of the reasons,'' the Finance Department official instructed a colleague via email in March.

''Don’t identify PM&C or the PMO as the decision makers, just leave it vague.''

Works to repair the slate roof, remove asbestos and replace electrical wiring and climate systems began in September.

The Canberra Times first hoped to give readers a look at the restoration in November 2013, but documents show the request set off a flurry of bureaucratic activity over more than five months.

No answer was received until March this year. Journalists and photographers have traditionally had regular access to events and photo opportunities at The Lodge.

Separate emails show Finance Department officials had recommended the media be given access in November and February after the removal of asbestos was complete.

''On balance – noting both pros and cons – we’re of the view that we should permit the visit in the interests of transparency,'' he wrote on February 4.

Another official said it was "better to be open and transparent than secretive" but said journalists should be "kept to the agreed message."

On February 28, an official was told Mr Abbott's office ''does not agree to the proposed visit by a journalist''.

The cost of the renovations and security concerns were not considered in the decision.

Senate documents showed in April that the project had blown out to $4.45 million, up from the original estimate of $3.19 million.

Last week’s federal budget included more funds for maintenance and the refurbishment, but the total amount was deemed commercial-in-confidence.

The government made a claim to its self-managed insurance fund, Comcover, after a 65-year-old Victorian man crashed his car into the brick wall surrounding the Lodge in March.

The wall remains partially demolished, with temporary fencing and hoarding in place, but the Attorney-General's Department said perimeter security controls would be reviewed as ''a matter of priority''.

A website outlining the work's progress says the replacement of a poor quality 1980s slate roof has been completed.

Designed by architects Oakley and Parkes, Prime Minister Stanley Melbourne Bruce first moved into the colonial revival-style home in 1927.

Former Prime Minister Julia Gillard told journalists that possum urine was once observed making its way down the dining room wall during the visit of a foreign leader.

Mr Abbott has opted to stay in a $110-a-night room at Australian Federal Police College in Barton while the renovations are completed.

Taxpayers forked out $65,000 in lease-termination fees in April after it was revealed Mr Abbott wouldn’t use a $3000-a-week rented home in Forrest chosen by the PM&C during the pre-election caretaker period.
Australian National University political marketing expert Andrew Hughes said it appeared staff were trying to avoid embarrassment over the renovations.

''They have seen this from a really narrow perspective,'' he said.

''When the government is trying to tell voters that they’re delivering a very tough budget, they want to avoid the impression that renovations on the PM’s residence have gone substantially over budget.''

He said it was appropriate for information about security measures to be kept secret but called for the public to be allowed to take pride historic home and the current restoration.

canberratimes.com.au  24 May 2014

Why should they tell anything to the people, under whatever pretext thought of at the time, especially when they are living on a Prison Island.

The 'colonial' days are alive and well, at least according to the fascist dictatorial government.

Difference between and ABN and an ACN

The following documentation has been removed from the abn.com.au website, a website dedicated to providing information with regards to the ABN (Australian Business Number).

The information below was contained in the url: 

http://abn.com.au/difference-between-an-abn-and-an-acn/

Apparently this important information is no longer needed for people to read.

In any event we are publishing the contents of the previously deleted information.

DIFFERENCE BETWEEN AN ABN AND AN ACN

New business owners continue to get confused over the difference between an Australian Business Number (ABN) and an Australian Company Number (ACN).

The two unique identification numbers are actually issued by separate Government bodies. The Australian Company Number (ACN) is issued by the Australian Securities and Investment Commission (ASIC) when new companies are formed, and is clearly identifiable by its unique nine-digit layout. As well as helping to monitor the money that passes through companies from the perspective of the ASIC, the ACN also offers a number of trading benefits for the company itself.

The Australian Business number (ABN) is issued to all business entities by the Australian Tax Office (ATO). The ABN has eleven unique digits and can be used to verify information about the business that it is registered to. Any communications with government agencies will also be made easier and business bank accounts can be opened once an ABN has been secured.

Once an ABN or ACN has been issued, companies and businesses are required to add it to any documentation used for trading. This might include invoices, letterheads, receipts, promissory notes and order forms. Where the nine digits of an ACN are used sequentially within the eleven digits of an ABN, a company can use the ABN as an alternative to the ACN on all type of business documentation.

ABN and ACN Key Points

Despite their similarities, the ABN and ACN are intrinsically different. ABN is an acronym of Australian Business number while ACN is used as an acronym of Australian Company Number. An ABN can be issued to all business types including sole trader and partnership registrations, but an ACN can only be assigned to a business that registers as a company.

An ACN is issued by the Australian Securities and Investment Commission (ASIC) when a business completes a company registration. The Australian Tax Office is responsible for the issue of an ABN
An ACN is easily identified as a unique nine-digit number whereas an ABN can be recognised as a unique eleven-digit number. A company can use an ABN in place of an ACN so long as the ABN contains the nine digits of the ACN in sequential order.

The ACN is more widely used to identify the company as a business entity through the exclusive nine-digit number and helps that company to trade more effectively. The ABN also carries key trading benefits but it also serves to highlight and verify the credibility of a business operation. This not only makes the ABN valuable to the business that it relates to but also provides fringe benefits for consumers and other organisations who might want to carry out transactions with that particular business.

Once a company has been issued with an ACN through the Australian Securities and Investment Commission (ASIC), they are under no further obligation to obtain an additional ABN. The ACN will suffice for all trading purposes. However, due to the various benefits of having an ABN, most Australian companies secure an ABN.

The above information is available for download in pdf format at:

https://drive.google.com/file/d/0B21_coIgIYu2ZENsMDZWWWZFM3M/view?usp=sharing

Source supplied.

Unincorporated Associations - Sue the individuals

If you are dealing with an entity that is an Unincorporated Association (e.g. your local 'city' council that carries a registered business name), that has been for example issuing you an unlawful 'fine' or 'rates' notices, it cannot be prosecuted.

The good news is that the persons comprising it can be sued / prosecuted.

Get the name of the CEO and all others associated with the unincorporated entity and sue them.

Commonwealth of Australia registered with the US Securities and Exchange Commission

Here is a document from the Office of the Attorney-General from February 2015 stating that the Commonwealth of Australia is registered wit the United States Securities and Exchange Commission as a foreign government.

Also later in the document it is mentioned that the terms Commonwealth Government, Australian Government and Government of the Commonwealth of Australia are often used interchangeably.

This document is in breach of the Australian Constitution.

Documents reveal 'hard evidence' of Metro trains skipping stations to meet performance targets

 

Photo: Metro denied altering services to meet lucrative performance targets.

 

Related Story: Fact check: Has train punctuality improved under the Napthine Government?

Related Story: Victorian Government vows to curb station skipping

Map: Melbourne 3000

Public transport advocates say they now have hard evidence of Melbourne's train operator, Metro, short-changing commuters in order to be awarded punctuality bonuses.

Internal documents revealed 400 services stopped short of their destination or bypassed stations in one week this month to meet targets set under a new automated performance monitoring system.

The performance bonuses are reportedly worth millions of dollars to the rail operator every year.

The new system which uses track sensors at stations replaces the old practice where Metro staff were responsible for recording and submitting on-time and cancellation data to government.

The Public Transport Users Association's Tony Morton said the new figures confirmed a long-held view that Metro was skipping stations to meet punctuality targets.

"It is in fact confirming we have a system that depends on the systematic inconvenience of passengers," he said.

"The system ought to be running a lot better than it is and we can see the hard numbers now to see how well or poorly it is operating."

Metro said while there were "too many bypasses and cancellations" it denied altering services to make profits.

"When we have a disruption, we need to recover from that to returning the network to on-time running," spokeswoman Larisa Tait told 774 ABC Melbourne.

"So if we were unable to amend late-running services then those services would continue to run late all day."
Ms Tait said the documents had highlighted a particularly bad week for the rail operator.

The Victorian Government used the new figures to highlight the need for its planned Melbourne Metro rail tunnel.

Public Transport Minister Jacinta Allan said more investment was needed to boost the capacity of Melbourne's rail system.

"These figures are very frustrating for passengers who use the system every day and who are experiencing the inconvenience of having their service changed," she said.

abc.net.au 25 Mar 2015

More corporate fraud in the hand of multinationals.

The corporatised government literally supports corporate fraud, especially when it comes to defrauding the general populous.

Naturally no financial penalties apply, and even if they did they would be recuperated from the customers in terms of higher prices.

Another monumental fraud supported by the corrupt people in government.

Here’s Why Snowden Won’t Use An iPhone, And Neither Should You

Edward Snowden's lawyer reveals extent of spy software on Apples iPhones.

In a recent article by Russian magazine Sputnik, Snowden’s previous claims that iPhones can be activated to spy on individuals re-surfaced when the whistle blower’s lawyer confirmed that Snowden himself would never use a smartphone.

“Edward never uses an iPhone, he’s got a simple phone,” Anatoly Kucherena told a Russian news agency last week. “The iPhone has special software that can activate itself without the owner, having to press a button and gather information about him, that’s why on security grounds he refused to have this phone.”

See YouTube video at:

https://www.youtube.com/watch?feature=player_embedded&v=NmJANEm8D2k 

The above video examines Snowden’s claims and finds them to be entirely possible: the NSA can use your phone against you, and they can do this even when it’s switched off. What do you think? Does all this make you feel nostalgic for the glory days of bulky old Nokia handsets, or are you happy to forfeit privacy for new technology in the smartphone age?

realitieswatch.com 15 Jan 2015

Edward Snowden’s lawyer reveals extent of spy software on Apple iPhones - See more at: http://realitieswatch.com/shocking-heres-snowden-wont-use-iphone-neither/#sthash.7DJf4ihf.dpufsadasd

Edward Snowden’s lawyer reveals extent of spy software on Apple iPhones - See more at: http://realitieswatch.com/shocking-heres-snowden-wont-use-iphone-neither/#sthash.7DJf4ihf.dpufsdasd

Illegal foreign property buying 'inevitable', says FIRB

This $39 million Point Piper mansion has been illegally purchased by China's 15th richest man. Photo: Supplied

Regulators' ability to uncover and prosecute illegal residential property buying by foreigners is "sorely limited" and such sales are "inevitable", the Foreign Investment Review Board chairman has admitted.

Chairman Brian Wilson said a national register for property transactions was needed to help track buying by foreigners, who are barred from buying established residential property unless they are temporary residents, and in that case, must sell when they leave the country.

"There are about 11 million residential dwellings in Australia, and about 600,000 property transfers every year. It is inevitable some of those properties will be exchanged contrary to the law, but our ability to first discover and then prosecute these cases is sorely limited," Mr Wilson said.

Illustration: Matt Golding.

To make it easier to catch foreigners buying property illegally, the regulator has proposed the register as part of a package of changes, including civil and criminal penalties and hefty application fees, which Treasury is consulting on.

"At the moment the FIRB and Treasury can only investigate the cases that come before us. What is needed is central depository of automated data to aid detection," Mr Wilson said at the Australian Securities and Investment Commission's annual conference.

It has been mooted that responsibility for managing the register be transferred to the Australian Taxation Office.

"The ATO is better set up for coordinating a big data approach than Treasury, which is a policy body," Mr Wilson said.

Mr Wilson said the register idea has "wide support" but will require the support of state and territory land titles offices.

Queensland is the only state that now asks buyers if they are foreign.

"This is not a straightforward process but I am confident this will get a place on the Council of Australian Governments agenda," Mr Wilson said.

The FIRB are also calling on lawmakers to institute a new range of civil penalties it could apply to a wider range of offenders.

Earlier this month, Federal Treasurer Joe Hockey announced the first forced divestment since 2007 when he ordered the sale of a $39 million Point Piper mansion that had been illegally purchased by China's 15^th richest man.

At the time the Treasurer said he was putting foreign buyers "on notice" that there would be more crackdowns on illegal transactions.

But the low conviction rate to date might tempt some offshore buyers to roll the dice.

"At the moment we have the threat of forced divestment and criminal prosecution possibly resulting in jail time but the hurdle of proof for a criminal prosecution is very high, and this process takes a lot of time and money," Mr Wilson said.

No one has ever been jailed in Australia as the result of an illegal foreign property investment case.
"What we have proposed is a graduated scheme of civil penalties that would make enforcement easier," Mr Wilson said.

He wants more power for investors to be stripped of profits from illegal transactions without the obstacle of a criminal conviction needing to be met.

"Of course there would still be the threat of possible criminal convictions in extreme cases," Mr Wilson said.

The proposed introduction of an additional layer of penalties for breaches of the foreign investment rules has met with mixed results from the real estate industry.

"Some in the real estate industry have told us they don't want to see civil penalties introduced, while others have agreed there needs to be a tighter regime," Mr Wilson said.

smh.com.au 24 Mar 2015

This activity has been going on for decades and the government has chosen NOT to stop it.

The Point Piper mansion has been purchased ILLEGALLY, yet it has not been confiscated?

It seems like the government has conceded  to illegal activity.

There is a lot of money to be made from 'illegal' deals, where the government can rake in higher stamp duty fees, bribery, etc.

The government is literally condoning criminal activity.

Corrupt police investigating corrupt police

Victoria Police is a corrupt organisation.

What's worse is that the government allows a members of a corrupt organisation to investigate other corrupt members.

No wonder the general populous have little or no faith in the 'force', who's primary objective now is to raise revenue for the government corporations.

An article from a law resource states that:

If you complain to the Office of Police Integrity, it is most likely your complaint will be forwarded to the Victoria Police.  A present in Victoria, 97% of complaints are investigated or otherwise managed by police.  This system does not meet international standards.

Ref: http://www.communitylaw.org.au/flemingtonkensington/cb_pages/policepowersandmyrights.php

This is how the public are deceived in believing they are free whereas they are actually living in a Police State.

The mainstream media is NOT doing enough to expose the criminal actions of Victoria Police (ABN: 63 446 481 493), which is now a corporation under the Victoria Police Act (2013), subject to corporate laws.

Police powers & your rights

This section covers in detail the powers that police have to arrest, charge, or question you before and during an arrest.

The formal power of police is less than is popularly imagined, and can be challenged. Much police power depends on bluff and bullying. When police insist on your "cooperation" they really mean that they want your obedience.

Police have a sworn duty to stop or prevent a "breach of the peace", which means that they may intervene, for instance, to stop damage to property or to stop a fight.

It is rare for police to exercise this power in anticipation of a breach of the peace.

The power to prevent breaches of the peace does not necessarily entitle police to take you away somewhere, or take your property (such as a banner) unless this is absolutely necessary to stop or prevent a breach of the peace.

While recent amendments to the Summary Offences Act have broadened police powers to move people on, those powers are inapplicable in certain circumstances - mostly in relation to freedom of speech and assembly. Move on powers do not apply to people who, whether alone or with others are:

• Picketing a place of employment
• Demonstrating or protesting about a particular issue
• Speaking, bearing or otherwise identifying with a banner, placard or sign or otherwise behaving in a way that is apparently intended to publicise the person's view about a particular issue

Note, however, that the recent amendments also introduced a broad offence for “disorderly conduct”. A person can be arrested for disorderly conduct.

For a short guide on your basic rights when arrested go to Activist legal rights - a short guide in the Support team resources section.

Police use of force

The police are only entitled to use “reasonable force” and may only use force when it is lawfully justified. The police use of force may be unlawful if it is found to be ”excessive”.
Section 462A of the Crimes Act1958 (Vic) provides as follows:

“462A. A person may use such force not disproportionate to the objective as he believes on reasonable grounds to be necessary to prevent the commission, continuance or completion of an indictable offence or to effect or assist in effecting the lawful arrest of a person committing or suspected of committing any offence.”

This section is relevant to all members of the public (including Victoria Police members).
Sections 459 and 459A of the Crimes Act1958 (Vic) also confer special powers of arrest, entry and search upon members of the Victoria Police which are more extensive than the powers of ordinary members of the public and, in particular, the powers of arrest conferred upon members of the public by section 458 of that Act.

Police use of force is often justified under the common law principle that police have a duty to prevent a breach or a threatened ”breach of the peace”.

Ultimately, what constitutes “reasonable force” is decided by the courts when police action is challenged.

Also see Complaints against the police

Policing standards

The United Nations Code of Conduct for Law Enforcement Officials states that "law enforcement officials shall respect and protect human dignity and maintain and uphold the human rights of all persons" (Article 2) and they "may use force only when strictly necessary and to the extent required for the performance of their duty".

The Basic Principles on the Use of Force and Firearms by Law Enforcement Officials also include the following:

4. Law enforcement officials, in carrying out their duty, shall, as far as possible, apply nonviolent means before resorting to the use of force and firearms. 

5. Whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall:
(a)Exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved; 

7. Governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.

Police approach

At private premises

The police usually need a search warrant to enter and search private property, unless:

• You agree to the police entering
• The police have a reasonable belief that a serious offence will be or has been committed and entry is necessary to make an arrest
• Entry is necessary to stop a breach of the peace
• There has been a breach of an intervention order
• The police are chasing someone who has escaped from custody
• The police have a warrant for arrest
• The police have a reasonable belief that illegal drugs are on the premises

See also What if ASIO visit 

To get a search warrant, police must apply to a magistrate and provide sworn evidence, either in person or by affidavit. Once they have a warrant, police are only authorised to search a particular premises for specified items. There will also be an expiry date on the warrant. The police must serve an adult occupier of the house with a copy of the warrant.

Police cannot legally, for example, come to your house with a warrant for stolen electrical goods, and then attempt to take your address book. However if they come across evidence of an offence (for instance a marijuana plant) while searching they are entitled to take that and arrest you.

Name & address

Under section 456AA of the Crimes Act1958 (Vic) the police can ask for your name and address if they believe that you:

• Have broken the law
• Are about the break the law
• Are able to assist them with information about an indictable offence

If the police demand your name and address they MUST give you reasons for doing so. You should ask for these reasons.
The police must also tell you their name, identification number, police station and rank. You should always ask for this information and ask that it be provided in writing.
The police may also demand your name and address without giving a reason if you:

• Are driving a car, motor bike, boat or push bike
• Are on public transport or public transport property (public transport officers can also ask for your name and address)
• Are in a hotel or licensed premises

It is an offence with a maximum penalty of a fine of $500 to refuse to give your name and address or to give false details to police, public transport officers and authorised National Parks officers.

If you give a false name and address when arrested and taken into custody, it may increase the time you are held for questioning and verification of your identification, and also affect whether you are granted bail.

Being searched

Generally, the police can only search you if you agree or if they have a warrant.

The police can search you, your possessions and your car without consent or a warrant if you are in a public place and they believe you are carrying illegal drugs, volatile substances, weapons, graffiti implements, or firearms. Note that “weapons” can include any object which has been either modified to enable it to be used as a weapon or any object carried with the intent of being used as a weapon. If you are within a “designated area” the police do not need to have a reasonable suspicion that you are actually in possession of or intend to use a weapon in order to search you. If you are not within a designated area, however, there must exist a reasonable suspicion or evidence on which their decision to search you has been based. The police can include in their reasons to search you that you are in an area with a high rate of violent crime. Police can't legally stop and search you on a whim or because they don't like you - although this often occurs.

Police may conduct a ”pat-down search” of the outside of your clothes and ask you to empty your pockets.
If the police reasonably suspect you are carrying a weapon and you refuse to produce it, you could be charged and fined.

If you are in custody or under arrest you can be searched for things that could be used as evidence for the offence you have been arrested for. Police may conduct either a ”pat-down search” or a ”strip search” in a private place.

Police must not undertake an internal search without first obtaining a court order.

Searches are required to be conducted, so far as reasonably practicable, by police officers of the same sex as the person to be searched. In other words, women, including people who identify as women must be searched by female police officers. This does not always occur - the unfortunate reality is that male police often strip search female suspects as a form of harassment and intimidation.

The International Covenant on Civil and Political Rights (ICCPR Article 17) protects against arbitrary and unlawful interference with privacy. Many searches are arguably random (and therefore arbitrary), aimed at the general population rather than specific individuals suspected of criminal offences.

Where possible, refuse to be searched, but if police insist then closely monitor them. Try to have as many witnesses as possible to follow and observe each police officer (there will usually be several). Use cameras and tape recorders, if you have them.

Check every item police attempt to take away, and ensure your witnesses see that police don't plant or falsely "find" anything. Insist on a detailed receipt for anything that is taken - this can be cross-referenced with the report to the magistrate. Do not countersign this receipt if it is not accurate or not fully detailed.

If property is taken from you during an arrest or at a demonstration, have a lawyer write a letter to police immediately, demanding return of the property. Raise the matter before a magistrate, if you are charged. Put on record as soon as possible what was taken, where it was taken and by whom. This helps any legal follow-up that may be necessary.

Being arrested

The police can arrest you if they believe you have broken a law.

Police cannot arrest you "for questioning". You DO NOT have to accompany the police to the police station UNLESS you are under arrest 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 arrest (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 arrest you, but they may then use "reasonable force" to take you into custody.

The Victorian Police Manual states that: “Passive resistance - means a nonviolent 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 arrest 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 custody (including placing you in a divisional van), you should ask “Am I under arrest?” and “What am I under arrest 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 arrest is vital - statements should be taken from them in case the police version of how the arrest 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.

Release without charge

In some cases, the police will arrest activists, transport them away from the scene of the protest (sometimes many miles away), get personal information, and then release them onto the street without charge. This might occur if the police are unsure if any crime was really committed and just wanted to clear the area.
Prosecutors may then be consulted to see what, if any, charges will be filed. The prosecutors can then take anywhere from a few days up to a year to decide to file summary charges against you, or even longer for some more serious (indictable) charges.

If this happens to you, give a good mailing address to the police. If police decide to charge you later, they may send a summons to the address you have given. The court where the charge has been filed will also send notice of your court date to the address you give the police. If the notice is mailed to a bad address, it will be returned and you won't get notice of the court date. If you don't attend court, the case could be heard in your absence or a warrant for your arrest may be issued.

Questioning

You have the right to remain silent. Anything you do say to the police can be used as evidence against you in court, or in the police decision whether or not to charge you.

You should refuse to answer any questions, apart from your name and address, until you have had an opportunity to speak to a lawyer.

If the police question you before you have received legal advice, you should answer “no comment” to all questions. Do NOT answer some questions and not others - this may be used in court as evidence that you had something to hide on the questions that you did not answer.

If you do not speak English - ask for an interpreter. The police should not conduct an interview without the aid of an interpreter.

You have the right to ask for a lawyer. You should do so immediately and continuously. You must be allowed to speak to a lawyer in a private space where you cannot be overheard. If the police are within hearing when you call your lawyer, make sure that the lawyer is aware that you are being overheard and do not go into details over the phone.

If the police question you formally without you having spoken to a lawyer, state clearly during questioning that you refuse to continue with the interview until you have received legal advice.

If you are not an Australian citizen you have the right to contact your embassy or consular office.
You must be allowed to telephone a friend or relative. The police may only deny you this right if they believe that as a result of your call:

• Someone else involved in the crime might get away
• Some evidence may be lost or tampered with
• Other people may be in danger

Different rules about police questioning apply to driving matters involving alcohol or drugs.

You should not have any conversations at all with the police, no matter how innocent or irrelevant they seem, until you have spoken to a lawyer, your family and/or an independent third person (a person required to be at an interview where the interviewee suffers from an intellectual disability).

Do not be intimidated by the police questioner. The police may tell you that by saying “no comment” you are risking being charged with a more serious offence, or that you will not be released on bail. Do not believe these threats and do not tell the police anything until you have spoken to a lawyer.

The police must tape record the questioning (called the record of interview) if you are charged with a serious (indictable) offence. (Police are not required to tape record interviews where you are to be charged with a less serious (summary) offence.)

If you are charged with a serious (indictable) offence, the police must also tape record the following caution being given to you before you are questioned:

‘I must inform you that you are not obliged to say or do anything but anything you say or do may be given in evidence. Do you understand that? I must also inform you of the following rights: You may communicate with or attempt to communicate with a friend or relative to inform that person of your whereabouts. You may communicate with or attempt to communicate with a legal practitioner.'

The police must also tape any questioning and your answers. If you are charged and your matter proceeds to court, this tape may be transcribed and presented as evidence.

The police must give you a copy of the tape. You should get this to your lawyer as soon as possible.
Note that for less serious offences, known as summary offences, the police do not have to conduct a taped record of interview. They may simply write down any questions and answers and this record may be used in court.

If you are under 18 years of age

The police MUST NOT formally question you unless your parents or guardian or an independent person is present during questioning.

Making a statement

At the conclusion of the record of interview, the police will ask you whether you wish to make a further statement. This will be in the form of a written statement. The police may ask you to sign and swear as to its accuracy.

• Do not make a statement until you have received advice from your lawyer
• Do not sign anything until you have read it carefully
• Do not sign anything which is incorrect or which you do not agree with

If you do sign a statement, make sure that you get a copy of your statement.

Fingerprinting, photos

In all but a few minor offences, you must allow the police to take your fingerprints if they believe that you have committed an offence. Police can use "reasonable" force to take your fingerprints if you refuse.
Before taking your fingerprints the police must inform you:

• Why your fingerprints are needed
• The offence they believe you have committed or that you have been charged with
• That the fingerprints may be used as evidence in court

If you are 15 or 16 years of age your parents, guardian or an independent person must be with you when the police ask to take, and take, your fingerprints.

If you are between 10 and 14 years of age, the police must get your consent and the consent of your parents and guardian before your fingerprints are taken. You do NOT have to consent.

The police cannot fingerprint a child under 10 years of age.

If you refuse to give your fingerprints, the police can use "reasonable" force to get them. If you are 15 or 16 years of age and force is used, it must be video or audio taped.

If you are not charged within 6 months or you are found not guilty at court, the police must destroy your fingerprints.

Photos

The police cannot force you to have your photo taken. It is your right to refuse any request from the police for a photo.

ID parade

The police may ask you to participate in a line up, where the witness is asked to identify the person who committed a crime. The police cannot force you to participate in an identification parade. If you participate in such a line up, you risk being mistakenly identified as the offender. You should refuse to participate in any identification parade or line-up until you have spoken to a lawyer.

Being held

If you are arrested, the police may only keep you in custody for a "reasonable time". What is reasonable depends upon the:

• Number and complexity of the offences
• Time needed for police to read and collate material
• Number of other people to be questioned
• Time needed to have the suspect communicate with a lawyer, interpreter, relative or friend
• Time needed for medical attention
• Time given to a person to rest during an interview

If you have been held in custody for some time and not charged, you should ask to phone a lawyer and ask whether the police intend to charge you.

Being released

Just because you have been arrested does not mean that you will necessarily be charged. You may be:

• Released without charge
• Released and charged at a later date
• Charged and released on bail
• Charged and brought before a bail justice

If you are being released, you will be asked to sign the Attendance Register Book at the police station where you were held. Signing the Attendance Register Book acknowledges that:

• The police have not taken anything from you
• You have been treated reasonably
• You have received your police charge sheets

You do not have to sign the book if you do not want to.

Release on bail

Most people who have been arrested and charged with committing an offence must obtain bail before they can leave the police station. The main purpose of bail is to make sure that the person turns up at court to answer the charge against them.

The police have wide powers in relation to the granting of bail. In most cases, police will agree to grant bail at the police station. It is usually the case that bail is granted without any need for a surety (eg money), only an undertaking (ie a promise to appear). Very few bail matters end up going before the courts. This usually happens when the police do not agree to grant bail.

If the bail hearing does go to court, bail may be refused if the court or a bail justice is satisfied that there is an unacceptable risk that you will:

• Fail to appear at the court hearing (eg. you have failed to appear at court on a previous occasion)
• Commit an offence whilst on bail (eg. if you have been charged whilst already on bail)
• Endanger the safety or welfare of members of the public; and/or
• Interfere with witnesses

If you are applying for bail in the Magistrates' Court, the application must be well prepared. If the application is unsuccessful and you were represented by a lawyer, then another application for bail to the Magistrates' Court can only be made if there are new facts or circumstances to present to the court.

It is often better to spend a few days in custody while a solid bail application is prepared by the solicitor. This allows time for witnesses who can support the application to be contacted and organised. Although this advice is not popular with people being held in custody, it is generally sound advice and increases the chances of a person being granted bail in the face of opposition by the police.

If you want to apply for bail immediately, and the police oppose bail, you need to be aware of what the key issues in the police opposition to you being granted bail are. Then you should undertake your own bail application. If bail is refused, there is then nothing to stop you making a further application for bail with the assistance of a lawyer appearing on your behalf, where the main issues can be addressed after proper preparation by a solicitor acting for you.

For all charges in Victoria, with the exception of treason, murder and certain serious drug trafficking and violence offences using weapons, there is a presumption in favour of bail. That is, bail must be granted unless the police or prosecution makes a successful case against bail. The main issues that may be raised to oppose your normal right to bail include some reasons to suggest that you:

• Will not appear in court
• Will threaten witnesses; and/or
• are about to commit further offences

With trafficking or cultivation of large quantities of illegal drugs, or with serious offences where firearms have been used, there is a presumption against bail, so an argument must be made out for bail (Bail Act 1977 (Vic ), section 4).

In most cases, however, you do have a right to bail and will be given bail, either by the police or a magistrate. With all minor offences (and many major offences) you should be granted bail. This right recognises the legal doctrines (which are often disregarded by the police and the mass media) that there is a presumption that you should be granted bail, and that you are innocent until proven guilty.

If you are aware police wish to charge you with an offence, you will increase your chances of bail by making an appointment to see them, with a lawyer. If you do this, go very early and on a week day, so that if police refuse bail you'll go before a magistrate that morning, and not be held in police cells overnight.

If you are refused bail by the police outside of court hours, you can apply for bail from a bail justice. If you are refused bail by the bail justice, you must be brought before the Magistrates' Court as soon as practicable. You then have the right to apply for bail.

Bail Conditions

Bail may be granted subject to conditions that may include such things as:

• You undertake to appear in court
• You or someone else agree to forfeit a sum of money if you fail to appear in court as required (ie. a surety); the amount of money must be within your means
• You stay away from an area (eg. a protest site) or a witness
• You surrender your passport
• You tell the police if you change your address

The condition of "staying away from an area" has been increasingly used against activists, to prevent them returning to the protest site.

You may want to object on the grounds that it is an infringement of your basic rights. However, it will be likely that you will need to show a legitimate reason for entering that area, or that such a restriction is necessary in all the circumstances. Where you have been arrested for nonviolent demonstration, you may be able to argue that there is no need for a condition stopping you returning to a particular area.

If the magistrate insists, and you are forced to accept or lose your freedom, you can accept the condition and later make application to vary the condition. You may also consider lodging an urgent application to the Supreme Court to vary the bail and delete the condition. However, you should note that it takes some time to have a bail application listed in the Supreme Court, and if you have not accepted bail with the condition attached, you will be held in custody pending the listing of your bail application.

Keeping arrest records

If you have been arrested, or have been a witness to arrests, it is very important to keep a personal and detailed written record or tape record of any incidents you have with the police, including the time and date of the incident. If you have been assaulted, it is important that you see a doctor as soon as possible and ensure that the doctor records your injuries and what happened.

Take photos if the injuries are visible. If someone else takes photos of your injuries, you may need to call them as witnesses, so make sure you have their contact details. You should also record the names and contact details of any witnesses to the assault, and of the people who saw you immediately before and after the incident. Do not notify the police that you have made these records.

There is no law that prevents you from video-taping any events or taking photographs while protesting if these events are taking place outdoors.

Forensic procedures

Police have power to request a suspect to undergo a forensic procedure where there are reasonable grounds to believe that the result of the procedure will tend to confirm or disprove the suspect's involvement in an indictable offence.

You should refuse to undergo any forensic procedure unless the police have a court order compelling you to do so.

Under both the Victorian and the Commonwealth Crimes Act, there are now specific legislative powers for taking forensic material from suspects. The following information focuses on the requirements of the Victorian law, which is found in sections 464R to 464ZK of the Crimes Act 1958 (Vic). The Commonwealth law is found in sections 23WA to 23XWA of the Crimes Act 1914 (Cth), and is dealt with briefly below. Forensic procedures include:

• Intimate samples: pubic hair, anal, external genital or breast swabs, saliva, mouth scrapes or dental impressions
• Non-intimate samples: hair, fingernail or toenail scrapes, external swabs or washings
• Other samples, or any other procedures or physical examinations of the body (but, under the Victorian Act, do not include the taking of fingerprints)

The powers of police to seek to have a suspect undergo a forensic procedure depend in part on the suspect's age.

Adults

A forensic procedure can be conducted if either:

• The suspect gives his or her informed consent to the conduct of the procedure. Before a suspect can be said to have given informed consent, police will have to provide certain information, or
• a Magistrates' Court orders that the procedure be conducted

You should refuse any request for forensic samples and ask to speak to your lawyer.

Commonwealth offences

The conduct of forensic procedures under Commonwealth law ( Crimes Act 1914 (Cth)) follows the general procedure set out under the Victorian legislation. That is, a police officer can obtain a forensic sample with the informed consent of the suspect.

Where such consent is not forthcoming, an authorised police officer may seek a court order for the conduct of the procedure.

The distinction between an intimate and a non-intimate sample or procedure is also present in the Commonwealth Act, however there are some slight differences in definition and approach. There are some limited circumstances where a police officer of the rank of sergeant or higher may order a non-intimate forensic procedure to be carried out on a suspect.

The Commonwealth Act imposes time limits for carrying out forensic procedures and also imposes special requirements in relation to Aboriginal people and Torres Strait Islanders.

Being charged

When you are charged (either at the station or later by summons), the charge sheets will set out the following:

• The alleged offence
• The act or legislation name and section under which you have been charged
• Your name, address and date of birth
• The name, rank and station of the police informant laying the charges
• The date and venue of the court at which you must appear

The first thing you should do after being charged is to contact your Legal Support Team or a lawyer.

Once you have retained a lawyer, that lawyer will request the ‘brief of evidence' from the police. This brief of evidence should contain all the witness statements, photographs, forensic tests and samples, exhibits, telephone intercepts, videos and any other evidence the police intend to rely on to prove the charge against you.

If you do not have a lawyer, you should request this brief of evidence directly from the police informant yourself.

See Approaching the court for legal information about dealing with a court appearance.

 Source: http://www.activistrights.org.au/handbook/print/ch02s11.php