Frequently Asked Questions

Q: What rights does a person possess if they have been placed under arrest?

Any person who has been placed under arrest by the police must have their rights explained to them and in the event that this has not occurred, the person should request an explanation of their rights.

If a person is being questioned in relation to an offence or they have been formally arrested and placed before a custody officer, the person generally has the following fundamental rights:

·         to be treated as innocent until proven guilty by the courts;

·         to remain silent, except for certain offences, and for the police to respect their right to silence, and not to answer any questions or make statements;

·         to make a complaint if the police have denied any rights or have not explained what rights are available to a person in custody.

It’s always a good idea for a person who is in police custody to talk to their lawyer.


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