Arrest Rights in NSW

Who can arrest me and when?

The rights of people held in police custody in NSW are set out in a number of acts Acts and Regulations, including the Crimes Amendment (Detention after Arrest) Act 1997 and its Regulations 1998, and the Crimes Act 1900. Police officers can arrest you when:
they catch you committing an offence;
they have a reasonable suspicion that you have committed an offence, or that you are about to commit an offence;
they have a warrant for your arrest (eg for failing to appear at Court, for a past offence etc);
they know or reasonably suspect that you have breached bail conditions.Anyone else (security guards, store detectives, ‘bouncers’, and all other members of the community) can perform a ‘citizen’s arrest’ upon you if:
they catch you committing a crime;
they see you committing a ‘breach of the peace’; such as obstructing a police officer in his or her duties, ‘creating public alarm or excitement’, or committing an assault. Minor offences such as offensive language, disturbance and annoyance are not sufficient for a citizen’s arrest.

For more information see:

https://www.sydneycriminallawyers.com.au/

Can I be arrested if I am a suspect?

Yes. You can be arrested if you are suspected of an offence. The police will then take you to the police station for questioning, after which they will decide whether or not to charge you with an offence. If they decide to charge you, police will then determine whether or not you should be released on bail. If you are not released on bail, you or a solicitor on your behalf will need to make a bail application before the Court, which usually occurs the next morning.

Can I be arrested for questioning if I am not a suspect?

No. You can only be arrested if you are suspected of an offence. If the police believe that you might have information relating to a crime, they may ask you to attend a police interview; but you do not have to attend. However, if someone else is (or has been) charged, a Court document (called a ‘subpoena’) may be issued requiring you to: (a) attend Court to give evidence as a witness, or (b) produce requested documents if they are in your possession, custody or control.

Police Interviews in NSW

Do I have to attend a police interview if requested?

No. If the police believe you have information about a crime, they may ask you to attend a police interview; but you do not have to attend. Only if you have been arrested can you be forced to attend. In any case, you should always contact a criminal lawyer before participating in a police interview. He or she can advise you about your interview rights and/or sit with you during the interview.



Can I be arrested for questioning if I’m not a suspect?

No. You can only be arrested if you are suspected of an offence. Police can’t arrest you just because you might know something about an offence. However, if someone else is charged, the Court may send a document (called a ‘subpoena’) requiring you to: (a) attend that person’s hearing to give evidence as a witness, or (b) produce requested documents if they are in your possession, custody or control.



Can I be arrested if I am a suspect?

Yes. You can be arrested if you are suspected of an offence. The police will then take you to the police station for questioning, after which they will decide whether or not to charge you with an offence. If they decide to charge you, police will then determine whether or not you should be released on bail. If you are not released on bail, you or a solicitor on your behalf will need to make a bail application before the Court, which usually occurs the next morning.



Do I have to answer police questions?

Whether you attend voluntarily or after being arrested, you will have a ‘right to remain silent’ at the police station. This means that you do not have to answer questions about the alleged offence, except in certain limited cases (see Do I have to answer questions when approached by police?). In fact, you should not answer police questions until you have contacted a criminal lawyer for advice. This is because the answers you give police can later be used in Court against you, possibly making it harder to defend your case. So give your name, address and date of birth and do not answer any other questions until you have obtained legal advice.



What is an ERISP?

‘ERISP’ stands for Electronically Recorded Interview of a Suspected Person. It is a record of a suspect’s interview by police at the police station, and may be recorded on audiotape, videotape or both. If you are required to sit for an ERISP, you should give your name, address and date of birth, but should not answer any other questions until you have contacted a criminal lawyer. You should not give any written statements or sign any documents, other than your bail form.



Am I free to leave the police station at any time?

If you are not under arrest, you are free to leave the police station at any time. However, if you are arrested, police can detain you for up to 4 hours for questioning before they must either (a) release you, (b) charge you with an offence, or (c) get permission from a Magistrate or Justice of the Peace to hold you for up to 4 more hours (see How long can I be held in custody?).



How can a solicitor help me?Upon being called for a police interview or arrested, you should contact a solicitor (lawyer) who is familiar with the criminal law. He or she can:• advise you of your rights;• explain any charges against you;• explain your alternatives;• attend a police interview with you;• make a bail application for you in Court (if you are refused bail by police); and• represent you at your Court hearing.For personalised advice and/or Court representation: CONTACT US NOW



For more information, see:

https://www.sydneycriminallawyers.com.au/
or
https://www.sydneycriminallawyers.com.au/contact/