Being arrested can be an overwhelming and intimidating experience. Whether you believe you’ve done something wrong or not, it is essential to understand your rights and responsibilities under Criminal Law in Australia. Knowing how to respond can protect you from further legal consequences and ensure that you are treated fairly by the justice system.

This article explains what to do if you are arrested in Australia, the legal rights you hold, and when to seek urgent legal help.

Understanding the Arrest Process

An arrest occurs when a police officer lawfully takes you into custody because they suspect you of committing a crime. Arrests must follow Criminal Law procedures, which means police must:

• Identify themselves (unless in uniform).
• Inform you that you are under arrest.
• State the reason for your arrest.

If these steps are not followed, the arrest may be unlawful.

Your Right to Silence

One of the most important rights under Australian Criminal Law is the right to remain silent. Except for providing your name and address in certain circumstances, you are not required to answer police questions. Anything you say can be used as evidence in court, so it is often in your best interests to remain silent until you’ve spoken to a lawyer.

The Right to Contact a Lawyer

After an arrest, you have the right to seek legal advice before any police interview. You can request to speak to a criminal defence lawyer either in person or over the phone. Exercising this right is crucial to avoid making statements that could harm your case.

Police Powers vs. Your Rights

Police officers do have powers under Criminal Law, but these are balanced by your rights. For example:

• Police may search you if they reasonably suspect you are carrying illegal items.
• They may use reasonable force to make an arrest.
• They cannot mistreat or coerce you into confessing.

If you feel your rights were violated, this may form part of your legal defence.

Bail and Detention

Once arrested, you may be held in custody until you are charged. Depending on the severity of the alleged offence, you could be:

• Released without charge.
• Granted bail.
• Held in custody until a court hearing.

A criminal lawyer can help you apply for bail and argue for your release under fair conditions.

What Not to Do When Arrested

If arrested, avoid:

• Resisting or arguing with police – this could lead to additional charges.
• Speaking to others about your case before consulting your lawyer.
• Signing documents or giving statements without legal advice.

Why Legal Representation Matters

Criminal charges can have life-altering consequences, including imprisonment, fines, and a permanent criminal record. Having an experienced criminal defence lawyer ensures your rights are protected, your case is handled fairly, and you have the strongest possible defence in court.

Suggested External Links:

• Australian Government – Your Rights Under Arrest
• Legal Aid NSW – Arrest and Police Powers
• Law Council of Australia – Criminal Law

Being arrested is a stressful experience, but understanding your rights under Criminal Law in Australia can make a significant difference to your outcome. Remember: stay calm, exercise your right to silence, and seek immediate legal advice.

At New South Lawyers, we provide expert criminal law representation to protect your rights at every stage of the legal process. Whether you’re facing arrest, charges, or court proceedings, our team is here to defend you.

Contact New South Lawyers today for confidential advice and strong legal support.