When can a police officer ask for someone's personal details?
A police officer who reasonably suspects a person has, is in the process of, or is about to, commit an offence can demand that person give his or her personal details. A person who may be able to assist in the investigation of an offence is also required to provide this information.
What information can police request?
A police officer can request the following personal details of a suspect or person who may be able to assist in the investigation of an offence:
- full name
- date of birth
- residential address
- business address
Note: there are a few situations that you do have to provide additional limited information to police, including some information: for drivers of motor vehicles, in relation to firearms, to customs officers, and on licensed premises (see following sections on each of these).
The penalty for refusing to comply or for giving a false name and/or address is a maximum fine of $1250 or imprisonment for up to three months [Summary Offences Act 1953 (SA) s 74A(3)].
Can police request identification?
If there is reasonable cause to suspect that the name or address given is false, the police officer may require the person to produce evidence, such as a driver's licence, to prove the details provided, [Summary Offences Act 1953 (SA) s 74A(2)].
Can police be asked to identify themselves?
A police officer who has required a person to state their personal details should identify himself or herself if asked to do so by either producing his or her police identification or stating orally or in writing his or her surname, rank and identification number.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.