Unlike the movies, police do not always need a warrant to make an arrest and can do so on the spot if they suspect an offence has been or is about to be committed. It is an offence to resist arrest, and police can use reasonable force to do so if necessary.
When arresting someone, police officers are obliged to follow a protocol. If there was no warrant, the accused must be transferred to the nearest police station as soon as possible; if a serious offence is suspected they may be detained for up to 8 hours.
The police officer must inform the accused:
- Of their arrest rights; waiting until they have sobered up or settled down if required
- That whatever they say may be taken down and used as evidence
- They have a right to call a friend/relative/solicitor
- They have a right to have a solicitor present during interrogation/investigation whilst in custody
- They have a right to an interpreter
- They have a right to silence.
Police must record, either by video or audio, any interviews.
There is an obligation for you to identify yourself to the police, such as supplying your name, date of birth, address and place of employment. You can request to reschedule the interview to a time that is convenient for your lawyer, or request bail if you are eligible.
If you have been arrested make an appointment with a qualified lawyer at Hume Taylor and Co to help with preparation for your interview or your bail application.
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