When you are arrested in Australia, you have rights that you should know about. For example, you have the right to remain silent. In other words, you don't have to answer any questions the police ask you. You should use this right because anything you say to the police could be used against you, no matter when or where. However, there are times when the law says you must give the police your name and address and explain why you're in or near a police station.
You can also tell the police that you need to talk to a lawyer first. There is only legal advice in these answers since this area of law is always changing. When you need to talk to a lawyer for specific help, get in touch with experienced criminal lawyers in Melbourne immediately.
What Does "Arrested" Really Mean?
Many things can make a police officer decide to arrest you. If they have a good reason to think you broke the law, they have a warrant out for your arrest, or they know you pose a threat to a family member. Once you are arrested, you can't get out without following the proper legal procedure.
What Do I Have The Right To?
The police officer must tell you that you are being arrested. They don't have to do this if it makes them feel unsafe, like when you run away from them.
- You can choose to stay quiet.
- Everyone has the right to be treated with respect and dignity.
- If someone arrests you, they must tell you why.
- You have the right to talk to a lawyer and a friend before the police question you.
- You can be with anyone you want in public places.
- You have the right to be alone.
- You are free to speak your mind and have the right to be involved in public life.
It's very important that you talk to a lawyer before you sign anything. You can get an interpreter to help you understand the police or your lawyer if you are having trouble.
Police officers may ask you to let them search you if they don't have a warrant or the right to do so, and you can refuse. They can't make you agree to a search against your will. If you say yes, the police officer should write down your decision. If this doesn't happen, you can file a protest.
If the police arrest you, you must go with them. Do not try to stop the police from arresting you; they can charge you with "resisting arrest." If you don't want to be arrested, the police officer can use reasonable force to do so. Reasonable force means using just the right amount of force to stop you.
You can take action if the police officer tries to arrest you without a reason or uses too much force. Ask the police officer, "Am I under arrest?" and "Why am I under arrest?" if you're not sure. Nobody must go with the police officer if they are not arresting you. The police might want to get your fingerprints or bodily fluids, like saliva or blood, to use as proof if they charge you with a crime.
When the police take these, they must follow the right steps. For example, there are special rules for young people, people with cognitive disabilities, and people with mental illnesses.
Parades Of Identification
In an identification parade, the police line you up with other people to see if a witness can recognise you as the person who committed the wrongdoing. In that case, they ask a witness to look at the lineup.
There's no need for you to be in an identification parade. The witness could be wrong and pick you even though you didn't commit the crime. You should talk to a lawyer. You have the right to say no to having your face or any other part of your body photographed. This could be used as evidence later. You can refuse to let the police officer take pictures of your wounds (like cuts) or unique features (like tattoos), for instance.
The police officer cannot force you to be photographed. If the police officer takes your picture without your permission, you can file a report.
How To Report A Police Officer?
The Independent Broad-Based Anti-Corruption Commission (IBAC) is the place to go if you have trouble with the police. Victoria Police can't use the IBAC. They can investigate major corruption but not all complaints. The Police Conduct Unit may handle your report if you send it to IBAC and it's not a significant issue.
If you are afraid the police officer will find out who you are, you can report them anonymously.
Conclusion
In Australia, if you are arrested, you need to know your rights and use them wisely. Knowing what rights you have, like the right to stay silent or the right to a lawyer, can have a significant effect on your case. If you're not sure what to do, talk to an experienced criminal lawyer. They can help you in a way that fits your needs and protects your rights throughout the process.
Resources And Further Reading
- https://policeaccountability.org.au/police-complaints/your-rights-and-the-police/
- https://www.legalaid.vic.gov.au/being-arrested
- https://www.ibac.vic.gov.au/
Author Bio
Dragana Randjelovic
Writing has always been her side project, and it fulfills her just as much as her teaching career. Having worked in a variety of corporate, agency, freelance, and part-time roles for the past eight years, Dragana has developed a strong background in copywriting, marketing, and content creation. Her writing portfolio covers a wide range of topics from her nearly eight years in the field, including cars, nutrition, cryptocurrencies, moving, and logistics. She has concentrated on writing about law over the last two years.
