Your Rights When Arrested

 It may come as a surprise to learn that police powers are surprisingly wide and can vary widely depending on the alleged crime. A police officer does not require a warrant to arrest someone when they are in the process of (or have just committed) an offence. However, when the police have conducted surveillance or a covert-operation, the arrest will usually occur under a specific warrant. Typically the police will take the arrested person back to the station and then commence questioning.

As a general rule, there are no “Miranda” rights in Australia. However, there is an obligation on police to caution a person that their statements may be used in evidence. A slight variation in the accepted wording of this caution would probably not be fatal to the later use of any evidence in a trial.

The “right to silence” is not to be used against you, so that your refusal to answer questions is not an indication that you have something to hide (or are concealing guilt). If you are arrested, the police must charge you within four hours. However, this time limit is not absolute and the police are likely to charge you before this time.

As part of your attendance, you may be fingerprinted and photographed. In some cases, the police may seek to obtain a DNA sample, although the provisions of the legislation outlining consent (and the power of police to obtain a sample without consent) are complex. Having the help of a lawyer is vital if you are arrested and seeking their advice should be foremost in your mind.

Read more related articles

• Court Appearances
• Resisting Arrest