Being arrested can come as a shock, and the process can make you feel vulnerable. The best thing you can do is to be prepared, and understand your rights.
Below is a clear, actionable guide to help you with what to do if you’re arrested in NSW.
Understand your rights
- You have the right to remain silent
The most important thing to remember, is that you have the right to remain silent.
Many people make the mistake of believing if they provide a version to police, it will result in no charges being laid. However, unfortunately this is often not the case. Instead, 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.
During the charge process
- Cooperate, but don’t self-incriminate
It is important to remember that the right to remain silent, does not mean that you should not cooperate with police. You don’t have to answer questions about an allegation, but you should be respectful and cooperate with more general requests of police when you are under arrest. This will avoid you being charged with additional offences, such as resisting arrest or hindering police.
- Ask to speak with a lawyer
After you have been arrested, police will begin the charge process.
As part of this process, you will be asked by Police if you wish to participate in an Electronically Recorded Interview. They may also ask you to undergo a forensic procedure, such as providing a DNA sample.
Obtaining legal advice is imperative to understanding and protecting your rights. If you are unsure, speak with a lawyer first.
- Bail determination
At the end of the charge process, a bail determination will be made by a Police Officer, who is independent of the investigation. The options are to:
- Release you unconditionally
- Release you on bail conditions
- Refuse you bail
This decision is based on a number of risk factors. For example, the seriousness of your charge/s, the risk you may interfere with witnesses or evidence, and the risk of you not turning up to Court.
After you’re charged
- Released on bail conditions
If you’re released on bail, you must obey all bail conditions. Failing to comply may result in you being taken back into custody. If you are unsure about your bail conditions, or you need them changed, you should call a lawyer immediately.
- Bail refused
If you are refused bail, you will be taken before a magistrate as soon as practicable. It’s usually possible to appear in Court on the same day that you’re charged. Otherwise, you will be taken to Court the following day.
You can make an application for bail in Court. Everyone in custody is automatically entitled to have a Legal Aid lawyer represent them for their release application. Alternatively, you can arrange for a private lawyer to appear on your behalf.
- Court date
Police will provide you with a Court Attendance Notice, which tells you the date and time you need to attend Court. You should review all of your documentation carefully, as sometimes police will provide you with more than one date to attend Court.
If you fail to attend Court, you may be convicted of the charge in your absence. A warrant may also be issued for your arrest.
- Legal Advice
If you haven’t already, you should obtain legal advice in relation to your charges, and your options.
Arthur Law is a boutique criminal and traffic law firm focused on Defending Your Future.
We offer a free 30 minute initial consultation. We will review the Police paperwork with you in detail, and provide you with personalised advice. Call us now on 0421 700 497.
