Being arrested

Being arrested means that police can lawfully take you into custody.

When you need legal advice

You may need legal advice if you have:

  • been arrested
  • been asked to participate in a police interview—asked by police to talk to them about a serious offence
  • been charged with an offence and have to go to court
  • missed your court date and think there might be a warrant for your arrest.

How to get legal advice

If you are arrested

If you’re arrested, the police will take you to the police station or watch-house for processing before taking you to court or releasing you on bail.

It’s in your best interests to assume they have the power to arrest you and to go with them quietly and calmly. It is also in your best interests to understand your rights when you are arrested.

Learn about being held in police custody

Can the police arrest me without a warrant?

The police do not need a warrant to arrest you if they reasonably suspect you are breaking the law, have broken the law, or will break the law. You may be arrested if the police think it is reasonably necessary to:

  • stop you from breaking more laws
  • find out who you are
  • make sure you appear in court
  • get or keep evidence
  • stop you from making up evidence
  • stop you from harassing or interfering with a witness
  • protect the safety of any person (including you)
  • stop you from running away
  • hold you for questioning.
  • arrest you because of the type of offence or its seriousness.

It is usually easy for police to prove that they have proper reasons to arrest you without needing a warrant.

What are my rights?

If you’ve been arrested:

  • the police officer must tell you you’re under arrest and why at the time of the arrest.
  • you do not have a choice about going with the police—they can use reasonable force to make you go with them. If you resist you are breaking the law, unless you can prove the arrest was unlawful.
  • you have the right to be taken to court for a bail application as soon as reasonably possible.
  • you have the right to ask the police for bail if you don't go straight to court.

Being arrested for questioning

If the police suspect you’ve committed an indictable offence (a serious offence that can go to the higher courts), they can keep you for a reasonable time to investigate or question you about the offence. You have the right to contact a friend, relative or lawyer and the police must delay questioning for a reasonable time (usually up to 2 hours) to allow this.

Overall, the police can hold you for up to 8 hours—but they cannot question you for more than 4 of those 8 hours.

The police can apply to a magistrate or a justice of the peace to keep you for longer than 8 hours—but only a magistrate can extend the questioning for more than 12 hours.

While you’re being held, you still have the right to remain silent (after giving your name, address and other details).

If the police don't think they’ve got enough evidence to charge you at the end of the interview or investigation, they should let you go.

Being arrested and charged with an offence

If you’re charged with an offence, the police may:

  • give you bail and release you until your court date
    or
  • hold you in the watch-house.

If the police don’t give you bail, they must take you to court as soon as reasonably possible. Once you are in court, you can apply to the court for bail.

You don’t have to be arrested to be charged with an offence.

How to get legal advice

We may provide legal advice about being arrested. 

We cannot provide you with a lawyer to attend a police interview.

You can apply for legal aid if you’ve been charged with a serious offence.

Contact us

Other places to get legal advice:

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Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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