Police and criminal law

What you need to know

Police have to follow the law and respect your human rights. When they get it wrong, you can complain, or in some cases make a claim in court.

• You can complain about police to Victoria Police or to IBAC. A complaint can lead to discipline, but it does not pay compensation.
• A court claim for an injury generally must start within 3 years of when you knew about it. Most other claims have 6 years.
• Victoria Police and councils are public authorities under the Victorian Charter of Human Rights, and must act in line with human rights.

Criminal law

Being questioned or charged by police is stressful. You have rights, and knowing them early can change how your case goes.

We give advice on minor criminal matters and help you get ready for court, including if you are going to court without a lawyer.

• In most cases you have the right to stay silent and can say 'no comment' to police questions.
• You usually must give your name and address if police believe you have committed an offence.
• If you are in custody, you can contact a lawyer and a friend or relative before questioning.
• Your first court date is called a mention hearing. Always go to court on your date.
• Diversion can mean no criminal record for some first-time, low-level offences, if the prosecution agrees.
• Duty lawyers from Victoria Legal Aid are at most Magistrates' Courts.
• Most convictions are spent automatically after 10 years, or 5 years for people under 21 when sentenced, if there are no new convictions.

How we can help

• Advice for people affected by misconduct or abuse of power by police or other public authorities
• Help writing a complaint to Victoria Police, IBAC, the Victorian Ombudsman or the Commonwealth Ombudsman
• Advice on asking for a decision to be reviewed, for example at VCAT or the Administrative Review Tribunal
• Advice on whether you may have a claim for compensation, and the time limits

Criminal law

• Advice on your rights before a police interview
• Advice on minor criminal charges and what your options are
• Help preparing for a mention hearing or plea
• Help asking police about diversion
• Help writing character references and other documents for court
• Advice on criminal records and spent convictions
• Help preparing to represent yourself in court

We give advice and help you prepare. We do not usually appear in court for criminal charges. On your court date, ask for the Victoria Legal Aid duty lawyer at the Magistrates' Court. If you could go to jail, or the charge is serious, contact Victoria Legal Aid as soon as you can on 1300 792 387.

How much we can do depends on your matter. If we cannot help, we will tell you who can.