Do you want to know the Legal Rights and Procedure In South Australia?

Contact Woods & Co Lawyers in Adelaide

We are a specialist Criminal Law firm with decades of experience and a great reputation.

Bail and Breach of Bail

Bail is a legal process that allows individuals accused of a crime to be released from custody while awaiting trial or other court proceedings.

Powers of Police to Search

Traditionally, police require a drug search warrant to search your premises. In South Australia we are unique in that detectives in the police force are issued General Search Warrants

Spent Convictions & Police Clearances

When sentencing for criminal offences, courts have a discretion as to whether or not to record a conviction. When no conviction is recorded, or when a sufficient time period elapses after sentencing,

Want to learn more about legal rights and procedure in South Australia?  Contact our legal team today

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We protect your rights!

At Woods & Co lawyers we advise  you to speak with a lawyer before speaking to the police.

Normally, you are required only to provided your name and address but there are some offences where you are obliged by law to answer certain questions.

Call our team today on 08 8311 3111 in order to protect your rights.

If the police arrest you and have charged you then provided they have reasonable grounds to believe it is necessary to identify you (or identifying you as the person who committed an offence), then they have the have the power to;

  • take your fingerprints
  • photograph you
  • make a voice recording of your voice
  • request you supply a sample of your handwriting

Otherwise, they need an order of a Magistrate.

Reasonable force can be used to photograph you or take your prints.  Force cannot be used to take a handwriting or voice recording but you commit a criminal offence if you disobey a reasonable direction.

To learn more about this please call our team on 08 8311 3111.

When can police search your person?

  • Under the  Controlled Substances Act 1984 if they believe on reasonable grounds you are possessing an illegal drug.
  • If you have been arrested.
  • If a police officer has reasonable grounds to suspect you are in possession of a firearm subject to seizure.
  • Police can ask you to empty your pockets but unless they have proper grounds to do so they may commit an illegal search unless you agree.

When can police can search your house?

  • If they have a General Search warrant.
  • If they have obtained a valid drug warrant for a premises.
  • Without a warrant, if they reasonably believe there is a firearm or ammunition subject to seizure. 

Can police search your vehicle or vessel?

  • If they have reasonable cause to suspect that there are stolen goods, or you are in possession of an object which constitutes an offence, or there is evidence of an indictable offence. 
  • Similarly if the police suspect on reasonable grounds that you are in possession of illegal drugs then they can search your vehicle or vessel. (They need to meet a higher test of belief to search your person

The above should not be relied upon for legal advice.  Each circumstance can change.

Call our friendly and experienced team to protect your rights.