What should a person do if they are arrested?

If a person is arrested in New South Wales, the most important thing is to stay calm and not resist. Police are required to tell a person that they are under arrest and explain why they are under arrest. Ensure cooperation with the police physically, avoid arguing or fighting back. Resisting arrest can result in additional charges. 

Key Rights while in Police Custody

• A person has the right to remain silent; anything a person says can be used as evidence.
• A person must give details, including name, address and date of birth, if requested by the police in certain circumstances.
• A person has the right to contact a lawyer before questioning.
• A person has a right to contact a friend or family member, ask for an interpreter, or get medical help if needed.

A person can ask for a phone call to contact a lawyer. A lawyer can provide legal advice and advise a person if and when they should speak to the police. 

During a police interview, a person can exercise their right to silence until they get legal advice. A person’s right to silence is protected in most cases; however, special cautions can apply for serious offences and other circumstances. In circumstances where a person exercises their right to remain silent, they are not required to complete a police interview, provide a statement or speak to the police about the allegations.

Contact a lawyer for legal advice. If you are seeking advice on criminal charges for you or someone you know, it is best ot engage in criminal legal representation. 

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, paralegal.

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