NSW Form of demand

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Paola

Member
30 March 2024
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I'm about to be served a form of demand under Law Enforcement (Powers and Responsibilities). I was curious exactly how little information I can get away with giving the police about who was driving my car. The person they are looking for only got in my car to move it for about 30 seconds. I was the one that drove the car to and from that location.



Does this make a difference?







There was an incident where a stranger approached my family and started videoing my children (commenting on how they have blonde hair and blue eyes) they were told to stop and when they didn't the person I was with pushed them (quite forcibly) away. The person took a photo of my car rego which is how the police identified that i was the owner. Can I get away with only giving a name and phone number if that's all I know?
 

Tim W

Lawyer
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28 April 2014
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You're trying to protect the White Knight?
Noble, but in this case, foolish.

Look at it this way - either the offender gets charged with the assault, or you do.
If you withhold information, including by pretending not to know it,
then that can be one of several separate offences.
 

Paola

Member
30 March 2024
2
0
1
You're trying to protect the White Knight? Noble, but in this case, foolish. Look at it this way - either the offender gets charged with the assault, or you do. If you withhold information, including by pretending not to know it, then that can be one of several separate offences.

Sorry maybe I worded it incorrectly. I more want to know if I provide a name and phone number is that sufficient enough for a form of demand or should I be asking the person for more information? The person knows I have kids to think about and has told me just to answer whatever I need to and not to worry about them. So I'm not trying to cop myself a charge but at the same time, I do not wish to give more information than I am legally obligated to.
 

Tim W

Lawyer
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28 April 2014
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Answer the police's questions.
Chances are, you'll end up being a prosecution witness anyway.
 

Tim W

Lawyer
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28 April 2014
4,943
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I more want to know if I provide a name and phone number is that sufficient enough for a form of demand or should I be asking the person for more information?
It's only sufficient if Constable Friendly decides that it is.
Your actual statutory obligation is to supply the driver's name and address
and any other information you know about the driver, that will help the police identify them.