The following advice is general advice. You should always consult a lawyer for advice specific to your circumstances.
Right to silence:
Remember, when in doubt do not say or sign anything until you have spoken to a lawyer. Always remember the caution "anything you say or do can and will be used in evidence against you". The police will always try to have you give your version of events and get you to make a statement. Even if you are innocent, the statement you make is almost always used against you, even when you have done nothing wrong!
Who can arrest me and why?
A member of the police force can arrest you if:
- A written authority (warrant) for your arrest has been issued by a court
- The officer has a reasonable suspicion that you are about to or in the process of or have recently committed a crime (even if you are innocent)
Do I have to attend a police interview if requested?
Police can request you to accompany then to a police station for questioning but you are not required to go unless you have been arrested for an offence
Note: You should always contact a criminal lawyer before participating in a police interview
How should they arrest me?
The arresting officer should:
- Tell you that you are under arrest
- Tell you what you are being arrested for
- The arresting officer may use as much force as is necessary to arrest you
- After arrest the officer may handcuff you if you attempt to escape or if considered necessary to prevent you escaping
Do I have to submit to a search?
Yes Police have the right to search you without a warrant. This is immediately after arresting you and not if they havent arrested you unless you consent. (If in doubt, we do not recommend that you consent to a search prior to any arrest)
Do I have to answer police questioning?
- In general you have the right to silence however if the arrest concerns a motor vehicle or you have witnessed a serious crime you are required to give your name, address and particulars of the incident to the police
- The police may want to question you in what is known as an Electronic Record of Interview or ERISP. It is not advisable to speak with the police until you have spoken with your solicitor. You have a right to silence, that is you do not have to and can refuse to say anything. Provide mis-information or false information can be used against you.
- You have the right to have a lawyer present while you are being questioned.
- Do not sign any document other than a bail form.
Do I have to submit being fingerprinted or photographed?
- Yes the police may take your fingerprints and photograph for identification purposes
- The police may ask you to participate in an identification parade seek legal advice from your lawyer before participation.
How long do I have to stay in custody?
- Following an arrest, the police may detain you for an initial period of up to four hours
- An application can be made by the police to allow an extension of up to a further eight hours
- After this you must either be charged or be released
- The time period does not include time cuts such as transporting you to the police station, refreshments and bathroom breaks or waiting/ communicating with your lawyer
What are my rights in police custody?
You have the right to:
- Be cautioned and told your rights as soon as you arrive at the police station
- Contact your lawyer
- The right to an interpreter
- Contact a friend, relative or guardian
- Have your lawyer with you while you are being questioned
- The right to medical attention, refreshments and bathroom facilities
When can police enter and search my premises?
- If the occupier consents
- If there is a search warrant
- If they enter to arrest someone (Note: they can only search the arrested person and their belongings)
- If they suspected terrorist-related activities
Remember this advice is general advice. You should always consult a lawyer for advice specific to your circumstances. If you wish to ask about any of the information above, please contact one of Crimlaw (Australia)'s criminal defence lawyers on
1300 276 529.