If you are ever arrested in New South Wales, here is what you need to know about your rights. 

Police powers of arrest come from the Law Enforcement (Power and Responsibilities) Act 2002 (NSW). At the moment of arrest, police must tell a person they are under arrest and why they are under arrest. Only reasonable force can be used by police, not excessive force. 

Once a person is in custody, they have the right to silence. A person does not have to answer questions in certain circumstances or do a formal interview with the police. Police must caution a person prior to questioning. 

A person has the right to contact a lawyer for legal advice, a friend, a relative or a support person. A person is entitled to an interpreter and medical attention if required. 

In certain circumstances, a person still needs to provide their name, address and date of birth if asked by police. 

Police can generally hold a person for up to six hours for investigation. This time period can be extended in some cases if an extension is granted. 

Remember to stay calm, be polite, and be aware that you can exercise your right to silence and speak to a lawyer for legal advice before answering questions. Anything you say can be recorded and may be used later as evidence. 

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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