being arrested

You can be arrested and taken to a police station to be questioned if the police think you have committed a crime. You don't have to go anywhere with the police unless arrested. The police must tell you why you're under arrest. It is important to tell someone (family, friend or onlooker) where you are to be taken and why. (Note: There are some limited exceptions when you are not arrested but must go with the police, e.g. for a breathalyser test or for your own protection.)

You must give the police your full name and address if they have a reasonable belief that:

  • you have committed an offence or are about to commit an offence; or
  • you can help them in their investigation of an indictable offence.

In these situations, it is an offence to refuse to give your name and address or to give a false name or address. You can be charged and fined $500 for giving the police a false name and/or address. The bottom line is that you can get into more trouble for withholding or misleading the police about your name and address, so it is wiser to provide these details in the first instance.

When arrested, you may be taken back to the police station and required to provide your details for police records. There is no longer a maximum time the police can hold you at a police station. Under the Crimes Act 1958 (Vic) the police can now hold you for a 'reasonable time'. You have the right to speak to a lawyer and may be formally interviewed, fingerprinted, charged, released or taken for a bail application. Details regarding your rights are listed below.

Before any formal questioning begins, the police must let you phone a lawyer from a private space. A private space means somewhere that the police cannot hear you. They must also let you phone a friend or relative from a private space. They do not have to do this if it is a drink driving matter or if they believe that during this time:

  • someone else involved in the crime might get away;
  • some evidence may be lost or tampered with; or
  • other people may be in danger.


spacer
All content copyright ©2010 Fitzroy Legal Service - All rights reserved | Website by CeCC