Your Rights When Arrested in NSW (Complete Guide 2024)
Your Rights When Arrested in NSW (Ultimate Guide)
Being arrested is a difficult and stressful experience. It’s very important to have a basic understanding of your rights and the powers of the police. This can have a dramatic effect on the outcome of your case.
What is the law that governs police powers in NSW?
When you are arrested in New South Wales, it is crucial to know that the law sets out your rights and governs the powers of the police in those situations. Police obtain their powers of arrest from the Law Enforcement (Powers and Responsibilities) Act 2002. That legislation also sets out a person's rights when they are arrested and in custody at a police station. Your lawyer should have a deep understanding of this legislation.
What are my rights when I am arrested by the police
When arrested in NSW, you have the right to be informed of the reason for your arrest, the right to remain silent, the right to refuse a police interview, the right to communicate with a friend, family member, or lawyer, and the right to legal representation.
What grounds do the police need to arrest you?
NSW Police can arrest a person in the following circumstances:
You are committing an offence
You have, or the officer suspects on reasonable grounds that you have committed an offence
You have breached your bail conditions
There is a warrant issued for your arrest
The officer needs to serve an ADVO on you.
How much force can the police use when arresting you?
A police officer may use reasonable force on you to arrest you. The amount of force depends on the circumstances. If you resist, you can be charged with resisting police or assaulting police.
What do the police need to say when they arrest you?
The police need to say the following when they arrest someone:
Their name, rank and the station that they are from
that you are under arrest
Why you are under arrest
Police must also caution you that you do not have to say or do anything but anything you say or do may be used in evidence. This is sometimes called the right to silence.
More information about arrests can be found here.
Do you have the right to remain silent?
In some situations, police can ask for your name and address. Police may ask questions at any time but in most circumstances, you do not have to answer any questions. If you are suspected of committing a crime, it is usually best not to answer questions as they can be used as evidence against you. You are also entitled to contact a lawyer before answering any questions.
More information about interviews and police powers at the police station can be found here.
Do you have the right to a lawyer?
If you are under arrest and in custody at a police station, police must allow you to contact a lawyer to obtain advice and a friend or relative to ask them to be there with you.
Before answering any questions by police or taking part in an interview, you should obtain legal advice. Sometimes police will ask to take you into an interview room so that they can record you saying that you do not wish to take part in an interview.
It is important to remember that you do not have to go into the interview room to decline and you can instead tell the custody manager at the station or offer to sign the officer’s notebook indicating that you do not wish to take part in an interview.
Can I refuse a search of my person or property during an arrest?
You can express your refusal to a search of your person or property, but if the police have lawful authority or a warrant, they can proceed with the search. It's important to state your objection clearly and peacefully.
How soon after my arrest am I entitled to legal representation?
You are entitled to legal representation immediately after your arrest. You have the right to contact a lawyer as soon as possible, and the police should provide you with the opportunity to do so.
Am I entitled to make a phone call after being arrested, and whom can I contact?
After being arrested, you are entitled to make a phone call. You can contact a family member, friend, or a legal representative. This right is crucial for arranging legal advice and notifying others of your situation.
What should I do if I feel my rights are being violated during or after an arrest?
If you feel your rights are being violated during or after an arrest, remain calm and compliant, but clearly state your concerns. Once safe, document your experiences and contact a lawyer immediately for legal advice and possible action.
Can the police detain me without charges and for how long?
The police can detain you without charges for a reasonable period to investigate the alleged offense. In New South Wales, this is generally for a maximum of six hours, but it can be extended under certain circumstances.
What are the rights of a minor or a vulnerable individual during an arrest?
A “vulnerable person” is entitled to have a support person present with them at the station. Children must have a support person - a child is not able to waive their right to a support person.
A vulnerable person is someone who does not speak English, children under 18, Aboriginal or Torres Strait Islanders and people with impaired physical or intellectual functioning.
Need Legal Advice?
Being arrested can be a daunting experience. But you don't have to face it alone. At Kingston Fox Lawyers, we are committed to ensuring your rights are protected and providing you with the best possible legal representation.
If you or a loved one require legal assistance, reach out today. We're here to help.
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