Arrest
You do not have to go to the police station, when asked by police, unless you have been arrested. If the police arrest you, they should tell you:
- that you are under arrest;
- why you are being arrested;
- the officer’s name or badge number; and
- the station that they are from.
Do not struggle or run away from the police when they are arresting you.
If you are under the age of 18 always tell the police how old you are. Even if you have done nothing wrong, if you resist or hinder a police officer in the execution of his or her duty, you may commit an offence by your resistance. Police may only use force that is reasonable and necessary to make the arrest or prevent your escape. Excessive force is not allowed.
What rights do you have when you have been arrested?
After you are arrested, you can be detained for a “reasonable” period to allow police to investigate the alleged offence. This is called the investigation period.
You must not be detained for more than 4 hours. If police want to extend this, they must get a detention warrant from court to extend the period up to 8 hours. Some time is not included in these periods (for example, time spent travelling, and time spent talking to your lawyer or a doctor), so you may actually be detained for longer than 8 hours.
At the end of the investigation, police must either:
- charge you (which commences criminal proceedings against you);
- release you without charge;
- If you are under 18, police might caution you or refer you to a youth justice conference if you admit guilt. If you are cautioned or referred to a youth justice conference, a record of this is kept on your criminal history, but no criminal conviction is recorded.
- Some states may release you from custody but charge you later by issuing you with what is called a “summons”. This is a formal letter that tell you when you shall go to court for hearing.
If you are detained for investigation, you have the right to:
- silence;
- obtain legal advice;
- know why you are being detained;
- consult a friend or relative;
- have an interpreter or consular official present (if appropriate); and
- have access to refreshments and facilities.
As a child, you have the additional right to:
- have your parents notified;
- have a support person;
- gain access to information and assistance; and
- separate accommodation from adults.
Thanks to the team at Lawstuff for developing this fact sheet.
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