The police officer must inform you that you are under arrest, but they don’t have to tell you if it’s too hard, like running away.

A police officer can arrest you when they:

• reasonably believe you have broken a law
• have a warrant for your arrest
• know you are a risk to a family member.

You can’t leave after you’ve been arrested.

You must go with the police officer if you are arrested

If you’re arrested or apprehended, you have to go with the cop.

Try to stop the police from arresting you and they’ll charge you with ‘resisting arrest’.

It’s legal for a police officer to use reasonable force if you refuse to accept your arrest. Reasonable force means only using enough physical force to arrest you. They can only do this if they have the right to arrest you.

You can complain if the police officer uses too much force or arrests you without a reason.

Don’t be afraid to ask the police officer ‘Am I under arrest?’ and ‘Why am I under arrest?’ If you’re not under arrest, don’t go with him.

Taking a breath or drug test at the station

The police don’t really arrest you if they ask you to take a breath or drug test. You can lose your drivers license if you don’t go with them to the police station for further drug and alcohol testing after driving a car.

Unless you’re charged with other, more serious crimes, you’ll usually be released on bail and able to leave the police station if you’re charged with public drunkenness.

Being held in custody

You’ll be taken into custody by the police. This means you’ll be taken to a police station, custody center, or police cells at court. You might have to get there in a police vehicle.

During your arrest, the police may:

• ask you for your name and address
• ask you to give a statement
• interview you
• fingerprint you
• search you
• ask to photograph you
• charge you
• charge you and give you bail.

Two phone calls are allowed

You’re allowed to make two phone calls:

• one to a lawyer
• one to a friend or relative.

You should be allowed to use the phone in a private space where the police can’t hear you.

The police officer might not let you call anyone if:

• You’ve been arrested for drink driving or drug driving
• It’s reasonable to think that the phone call could:
  • help another person involved in the offence get away
  • lose, change or destroy evidence
  • put other people in danger.

How long do you stay in custody?

There’s no law that says how long the police have to hold you before charging you. It all depends on the seriousness of the crime and how long it takes to interview you.

If you think you’ve been in custody too long:

• Find out when you’ll be charged or released
• ask to phone a lawyer
• make a complaint later.

What happens to your personal property

Whether you’re in a police cell or not, they’ll take your stuff (personal property). They’ll ask you to sign a sheet listing what they’ve taken.

Police must give you back your property when they release you. If they keep it as evidence or destroy it, they don’t have to.

If you need an interpreter

The police will pay for an interpreter if you don’t speak English very well. The interpreter has to be qualified (not just a relative).

Health needs and drug addiction

The police officer can help you see a doctor if you need to. The officer can call the Custodial Risk Management Unit, where a nurse may be able to help you.

Police can help you get methadone and buprenorphine if you have a prescription.

Before you go on an interview, ask for medication or medical attention. You might need it.

Being Arrested

The police officer must inform you that you are under arrest, but they don’t have to tell you if it’s too hard, like running away.

A police officer can arrest you when they:

• reasonably believe you have broken a law
• have a warrant for your arrest
• know you are a risk to a family member.

You can’t leave after you’ve been arrested.

You must go with the police officer if you are arrested

If you’re arrested or apprehended, you have to go with the cop.

Try to stop the police from arresting you and they’ll charge you with ‘resisting arrest’.

It’s legal for a police officer to use reasonable force if you refuse to accept your arrest. Reasonable force means only using enough physical force to arrest you. They can only do this if they have the right to arrest you.

You can complain if the police officer uses too much force or arrests you without a reason.

Don’t be afraid to ask the police officer ‘Am I under arrest?’ and ‘Why am I under arrest?’ If you’re not under arrest, don’t go with him.

Taking a breath or drug test at the station

The police don’t really arrest you if they ask you to take a breath or drug test. You can lose your drivers license if you don’t go with them to the police station for further drug and alcohol testing after driving a car.

Unless you’re charged with other, more serious crimes, you’ll usually be released on bail and able to leave the police station if you’re charged with public drunkenness.

Being held in custody

You’ll be taken into custody by the police. This means you’ll be taken to a police station, custody center, or police cells at court. You might have to get there in a police vehicle.

During your arrest, the police may:

• ask you for your name and address
• ask you to give a statement
• interview you
• fingerprint you
• search you
• ask to photograph you
• charge you
• charge you and give you bail.

Two phone calls are allowed

You’re allowed to make two phone calls:

• one to a lawyer
• one to a friend or relative.

You should be allowed to use the phone in a private space where the police can’t hear you.

The police officer might not let you call anyone if:

• You’ve been arrested for drink driving or drug driving
• It’s reasonable to think that the phone call could:
  • help another person involved in the offence get away
  • lose, change or destroy evidence
  • put other people in danger.

How long do you stay in custody?

There’s no law that says how long the police have to hold you before charging you. It all depends on the seriousness of the crime and how long it takes to interview you.

If you think you’ve been in custody too long:

• Find out when you’ll be charged or released
• ask to phone a lawyer
• make a complaint later.

What happens to your personal property

Whether you’re in a police cell or not, they’ll take your stuff (personal property). They’ll ask you to sign a sheet listing what they’ve taken.

Police must give you back your property when they release you. If they keep it as evidence or destroy it, they don’t have to.

 

If you need an interpreter

The police will pay for an interpreter if you don’t speak English very well. The interpreter has to be qualified (not just a relative).

Health needs and drug addiction

The police officer can help you see a doctor if you need to. The officer can call the Custodial Risk Management Unit, where a nurse may be able to help you.

Police can help you get methadone and buprenorphine if you have a prescription.

Before you go on an interview, ask for medication or medical attention. You might need it.