Tourists visiting Australia and NSW must adhere to all local laws and regulations. Being charged with a criminal offence in NSW whilst on a tourist or permanent visa can have serious implications, and it is crucial to know your rights and options when dealing with NSW Police and navigating the criminal process. Read our article to understand what to do if arrested while visiting Australia.
Your Rights
- You have the right to remain silent.
The most important thing to remember, is that you have the right to remain silent. Any words you say or actions you make can be used against you, when your matter goes to Court.
It is important to remember that at the time you’re arrested, you don’t have all of the information that Police have obtained against you. You are also likely feeling anxious or vulnerable. Before making a decision to speak with police, it is important to obtain legal advice.
- You have the right to legal advice
It’s important to understand that you have the right to legal advice and representation.
Many people will only contact a lawyer after they have been charged. In some circumstances, this is too late.
As soon as you become aware that police may want to speak with you, you should contact a lawyer. A lawyer’s role is to help you, and provide you with advice. The lawyer can also speak with police on your behalf, to better understand their intentions with wanting to speak with you.
If police speak with you without any prior warning, remember that you’re entitled to speak with a lawyer before answering questions.
Your Rights as a Foreign National
- You have the right to interpreter.
An appropriate interpreter must be present during any investigative procedures if you have limited knowledge of the English language and difficulty communicating with reasonable fluency. If no interpreter is available, they may instead use a telephone interpreter.
- Alternate right to a support person
You will be considered a ‘vulnerable person’ if you are from a non-English speaking background. As a result, you are entitled to have a support person present if police are unable to arrange an interpreter.
- You have the right to speak with a consulate.
If you are not an Australian citizen and you are detained, the police are required to advise you of your right to communicate with a consular official from your home country. Police also have the responsibility to help facilitate this communication.
Investigate procedures can be deferred to allow this communication to happen first.
You can also ask for the consular official to attend the place you are detained.
- Your family or friend can request your whereabouts.
Police are also required to answer requests made by a relative, friend or guardian about your whereabouts, so long as you agree to the disclosure of this information.
Visa Considerations
If your proceedings are going to require you to stay in Australia for longer than your visa allows, the Government can issue a criminal justice visa. This will allow you to remain for the proceedings. If such a visa is refused, or not sought, the person may be detained in immigration detention if they are not already remanded in custody pursuant to a bail refusal.
Certain crimes committed by non-citizens can also lead to deportation, mainly those offences which carry an imprisonment term of over 12 months. If you are in Australia on a temporary visa, a higher risk of deportation exists and even minor offences can lead to immediate deportation. Permanent residency and bridging visas are not absolute shields to deportation, and serious criminal convictions may lead to deportation.
What to do if your Family Member is Arrested in Australia
- Contact a lawyer immediately.
Your first step should always be to engage a lawyer to help you navigate the criminal system, and guarantee your loved one is being treated fairly. The lawyer can speak directly with police to ensure their rights are being complied with.
Our team at Arthur Law has experience in assisting non-citizens who have been charged with serious and complex criminal offences in NSW. You can contact our team today for a free Ask Arthur Consultation if you or someone you know needs assistance.
Written by Ruby Bickford.
