In Australia, anyone taken into custody is entitled to several important legal rights that aim to prevent unlawful detention and uphold fair legal processes. Resisting a lawful arrest is a serious offence. The Law Enforcement (Powers and Responsibilities) Act 2002 outlines police powers and arrest procedures in NSW. When taken to a police station, you will be given a document outlining your rights and cautioned. Police may take your fingerprints and photographs for identification purposes.

Legal Rights Upon Arrest:

Right to Remain Silent:

You are not obligated to answer police questions about the alleged offence. You can wait and speak to a lawyer before saying anything. There are exceptions, such as when you are asked to provide your name and address.

Right to Legal Representation & Legal Advice:

You can contact a lawyer and have them present during any police questioning or interviews. You are entitled to consult with a lawyer before and during any questioning.

Right to Know the Reason for Arrest:

Police must clearly explain why you are being arrested and inform you of any charges.

Right to an Interpreter:

If English isn’t your first language, you have the right to an interpreter to help you understand and communicate clearly.

Right to Basic Necessities & Medical Attention:

While in custody, you must be provided with essentials like food, water, and access to hygiene facilities. If you’re unwell or injured, you are entitled to receive medical treatment.

Right to Contact Someone:

You may contact a family member, friend, or guardian to inform them of your arrest.

About Post Author

Brian Walker

B.Acc., GradDipLegPrac, Juris Dr
Barrister & Accountant.
Former Criminal Defence Solicitor. Former Federal Prosecutor for the Commonwealth Director of Public Prosecutions prosecuting Commonwealth crimes relating to drugs and child exploitation. Former Australian Federal Police member litigating proceeds of crime matters. Former Australian Taxation Office employee investigating offshore tax evasion matters.

Post Created by Jesslyn Duong-Yuan, paralegal.

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