If you are driving a vehicle and the police believe that have used the vehicle in connection with a serious offence, you and your passengers have an obligation to disclose your identity if asked to by Police.
This is an offence under s15 & 16 of the Law Enforcement (Powers & Responsibilities) Act 2002 NSW.
In order to prove a charge of failing to disclose identity, the prosecution must prove beyond a reasonable doubt that:
- There are reasonable grounds that a vehicle;
- Is being, or was, or may have been used;
- In connection with a serious offence; and
- You failed or refused to comply with this request of disclosing identity without reasonable excuse.
Defences For Failing to Disclose Identity
The maximum penalty you can receive if convicted of this offence is 12months imprisonment or a fine of $5500.
If you have been charged with this offence, you need honest and realistic advice from a specialist criminal lawyer who will obtain the best result for you. Contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.