“Your Rights Matter, because you never know when you are going to need them”
– Edward Snowden
We understand that being arrested and detained can be stressful and daunting, what will assist you in these circumstances is knowing your rights.
After an Arrest
If you are arrested, a police officer may detain you for an investigation period of up to six hours in accordance with the Law Enforcement (Powers and Responsibilities) Act 2002 section 115 (‘the Act’). However, this period can be extended by the court for a further period, up to an additional six hours. After this period, you must either be charged with an offence or released from custody.
Right to Silence
You must be told as soon as practicable, orally and in writing, that you do not have to say or do anything in accordance with the Act section 122.
We recommend in most cases; you exercise your right to silence. Police often undergo questioning to obtain evidence against you when they do not yet have enough evidence against you, and you could implicate yourself by saying something that could assist police.
Right to Communicate with a Lawyer
You must be provided, before participating in any investigative procedure, with the opportunity to communicate with a friend, relative, guardian or Australian legal practitioner in accordance with the Act section 123.
We recommend that you contact a lawyer if you are arrested, before you participate in any investigative procedure or questioning.
Right to Refreshment
You must be provided with reasonable refreshments and reasonable access to toilet facilities in accordance with the Act section 130.
Right to Medical Attention
Questioning without arrest
In New South Wales you cannot be detained for questioning unless you are under arrest. Noting, there is a limited exception under anti-terrorism legislation.
However, you should be aware police can arrest you without a warrant for a number of reasons under the Act section 99, including but not limited to, if you are suspected on reasonable grounds of committing an offence.
Police Powers
Police can search you on or after arrest if they suspect you may be carrying anything: dangerous to a person, used or intended to be used in or in connection with the commission of an offence; or evidence of commission of an offence. They can seize and detain anything found referred to above, in accordance with the Act section 27.
Police can take all particulars that are necessary to identify you, including photographs, finger-prints and palm-prints, in accordance with the Act section 133.
Police can arrange a medical practitioner to examine you, without your consent, if you are in lawful custody, have been charged with an offence and such an examination may provide evidence as to the commission of the offence, in accordance with the Act section 138.
Note that the above information differs for minors.
The Next Step
If you would like to know more about your rights, we would be pleased to hear from you.
Glaser Lawyers offers all clients a complimentary and obligation free consultation.
We look forward to working with you to achieve your aims and protect your interests.
Please call 1300 000 770 or email admin@glaser.net.au to make your appointment.
