At the time of your arrest, the Police Officer who is arresting you should explain to you why they are putting you under arrest. They should also issue you with the caution that anything you say or do from that time can be used in evidence at a later time. There are only 3 questions you have to answer at this stage. They are:-
- Your name
- The address you live at
- If you know the details of the driver or passenger of a vehicle that has been involved in a motor vehicle offence (if applicable to this arrest)
Once you have been arrested and issued this caution by the Police, you have the right as an accused person to remain silent. The exception is if you are charged with a Serious Indictable offence and refuse to answer questions, or fail to disclose information a Court may question later why you chose to remain silent. An SI offence is one that is punishable with 5 or more years imprisonment.
There are several grounds on which the Police may arrest you. These include:
- If they suspect on reasonable grounds that you have committed an offence;
- There is a warrant issued for your arrest;
- They need to serve an Apprehended Violence Order on you;
- They suspect that you have breached your bail conditions.
After you have been arrested you can be held by Police for up to 4 hours. After 4 hours the Police will then need to make a decision whether to lay charges or release you. Police are also legally able to take your fingerprints, palm prints and a photograph of you when they arrest you. While you are required to provide these at the time of your arrest, you can apply at a later time to have these records destroyed if you are found not guilty of the offence you are charged with.
It is best to check with your lawyer whether you should or should not make a formal statement to the Police. You always have the right to call your lawyer once you have been arrested.
Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.
Alice Cheek | Criminal Law Solicitor