What happens under arrest

What happens once you’re arrested?

The Police must give you a document which outlines your rights.

If the Police want to question you and ask you to take part in a recorded interview you have the right to say no and to contact a lawyer. It is very important to get legal advice as soon as you have been arrested and to not talk to the police until you have received advice from your lawyer. Anything you say in a record of interview could later damage your chances of successfully defending your case.

The Police will give you two hours for a lawyer or other person to arrive at the police station to assist you.

Do you have to answer questions from the Police?

You have a right to remain silent. If you have been arrested in relation to a particular offence or offences you do not have to take part in an interview to answer questions about that offence. You should be advised of this by the police, who should also warn you that anything that you say to them may be used as evidence. It is up to you to decide whether or not to answer their questions. If you are unsure, you should wait until you have received legal advice before giving an interview. There are some circumstances in which you do have to give the police some information so it’s important to get legal advice before speaking to the police.

Do you have to be fingerprinted or photographed?

The police may take photographs, fingerprints and palm prints for identification purposes.

Do you have to take part in an identification parade?

No, but the Police may ask witnesses whether they can identify you from photographs.

If you have been charged with an offence, or are seeking further information on a Criminal or Traffic legal matter, call North Shore Criminal Law on (02) 9955 2298 or our 24 hour Emergency Service on 0400 44 64 24.