Failure Of Driver To Disclose Identity

Obligation Of A Driver to Disclose Identity

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

  • Duress;
  • Necessity;


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.