Being arrested does not mean you are guilty of anything. It means police believe they have grounds to detain you for questioning or to lay charges. What you do in the hours immediately following an arrest can significantly affect the outcome of your matter — which is why understanding your rights is so important.

Your most important right is the right to silence. You are not obliged to answer police questions beyond providing your name and address. Anything you say can and will be used against you in court. Police are trained to ask questions in ways that seem casual and non-threatening — do not be misled. Politely but firmly state that you do not wish to answer questions without a lawyer present.

Your second most important right is the right to contact a lawyer. As soon as you are detained, you are entitled to speak with a legal practitioner in private before any questioning begins. Exercise this right immediately. Do not agree to an interview, sign any documents, or participate in any identification procedures until you have spoken with a lawyer.

If you are granted bail, comply with all conditions strictly. Breaching bail conditions is a separate criminal offence and can result in your bail being revoked and you being held in custody until your matter is heard.

At Barrister, we are available for urgent criminal law consultations outside business hours. If you or someone you know has been arrested, call us immediately.