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NSW Suspected of Identity Theft by Police - What to Do?

Discussion in 'Criminal Law Forum' started by waterbottle7, 21 March 2017.

  1. waterbottle7

    waterbottle7 Member

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    Hello,

    Just wondering - If you're caught in the act of a minor offence (vandalism/posters/pen), then questioned and detained because you provided your name/address but your ID was not ''suitable'', and then you're suspected of being someone else because of surname/stealing credit card or identity theft, and the police probably suspect you're connected to gangs/giving false information, is this acceptable behaviour and by law are they permitted to detain and ask you to present next of kin to identify you if your ID is in limbo?

    I felt like exercising my right to silence was appropriate from the get go but in this case but I had no ID and figured they were already trying to set up misleading information and resisting arrest charges and then figured I'll look more guilty and suspected of being linked to other vandal crimes... So I stated my next of kin, location, age name, address.

    I was cautioned and was asked to be identified through next of kin, so I said my uncle's name (carer) and then said my ID is at my place of care... I was then was arrested and driven home to show them my photo ID but answered no questions in the car, but I did participate in an informal interview after being arrested and only answering some questions.

    I did sign the account of the offence afterwards. I was given a fact sheet (it was all pretty true on the account) and fined/received bond. I'm just curious, was it in their power to ask for me to be identified through next of kin considering I had no prior record/convictions and no ID?
     
  2. Lance

    Lance Well-Known Member

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    Hi,
    Yes. If the identification you provided was not suitable or didn't look like you, the police have it in their power to ascertain your identity by the means they did. If I had of seen this earlier my first comment would have been to seek legal representation.
     
  3. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    Your right to silnece only applies during interviews after arrest.
    There are many circumstances "on the street" where you can be required to supply details of your identity.

    As to the "informal interview" - I suggest that you may have been tricked into making admissions and signing a record of interview.
    Bit of a worry, that.
    Are you aged over 18?
     
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