Being arrested is stressful — and confusing. Knowing your rights up front is the single best thing you can do to protect yourself before a lawyer is in the room. This Q&A covers the questions clients most often ask in the first hours after a charge or arrest.
When can the police actually arrest me?
In Australia, police can arrest you if they have a reasonable belief that you have committed, are committing, or are about to commit an offence. They can also arrest you under a warrant issued by a court. The arresting officer must state their name and the reason for the arrest unless it is impractical, or you already know the details.
Do they have to tell me what I’m being arrested for?
Yes. You have a fundamental right to be informed of the reason for your arrest, and this must happen as soon as reasonably possible. The only exception is if providing the information at the time might impede the investigation — for example, alerting an accomplice or leading to the destruction of evidence.
Do I have to answer their questions?
No. You have the right to remain silent. Apart from giving your name and address, you do not have to say anything to police. Be careful — anything you do say can be used against you in court. The right to silence covers refusing to participate in police interviews or making a formal statement without a lawyer present.
Should I just talk to make it easier?
In almost every case, no. Even an innocent explanation can be turned against you in court if you say it without legal advice. The safest answer is: “I would like to speak to my lawyer before answering any questions.” Then stay silent until you have done so.
Can I call a lawyer before I’m questioned?
Yes. The right to legal representation is one of the most important protections you have. Police must give you a reasonable opportunity to consult a lawyer in private before you are questioned or formally charged. If you don’t have a lawyer, you can ask to call one — or call Karnib & Co. on 0450 503 696 for an urgent free consultation.
What about a phone call to family?
You generally have the right to contact a friend or family member to let them know what’s happening. Police can temporarily refuse this if they reasonably believe it would alert an accomplice or risk evidence being destroyed — but that’s a narrow exception, not a default.
What if English is not my first language?
You have the right to an interpreter. Police must arrange one so that you can understand the charges against you, the questions being asked, and the process you’re in. Do not sign or agree to anything you don’t fully understand.
Can they search me?
On arrest, police can search you and your immediate surroundings without a warrant — to ensure officer safety or preserve evidence. The search must respect your dignity. Intrusive searches should be carried out by an officer of the same sex and must not be conducted in public unless absolutely necessary.
What happens after I’m charged?
After charge, you may be eligible for bail — meaning you can be released from custody until your court hearing, sometimes with conditions like surrendering your passport, reporting to a station, or residence requirements. If bail is refused, you will be held on remand until your next court appearance, and we can apply to the court for release.
What if I’m under 18?
Extra protections apply. Juveniles must, where possible, be kept separate from adult detainees, and a parent, guardian or other responsible adult should be present during questioning. The right to silence and the right to a lawyer apply just as fully — arguably more importantly — for young people.
What if I think the police acted improperly?
You have the right to be treated humanely throughout custody, including access to medical treatment, adequate food and water, and freedom from degrading treatment. If you believe your rights were violated, you can make a complaint through the police force’s internal review process or to an independent body like the Australian Human Rights Commission. Keep notes of dates, times, names, and what was said.
What’s the single most important thing to do?
Stay calm, comply with lawful police instructions, exercise your rights carefully — and call a lawyer before saying anything substantive. Every case is fact-specific, and early legal advice almost always produces a better outcome than late legal advice.
If you or someone you know has been arrested or charged, contact Karnib & Co. for a free initial consultation. We’re available 24/7 for urgent matters across NSW.
