What should I do if I’m arrested and haven’t spoken to a lawyer?
Being arrested can be frightening, especially if police want to ask questions before you’ve had legal advice. You don’t need to know every rule on the spot. Focus on staying calm, finding out why you’ve been arrested and asking to speak to a lawyer as soon as possible.
Ask why you’ve been arrested
You can calmly ask, “Am I under arrest? What for?” If you’re unsure whether you’re free to leave, ask that too. Don’t resist arrest or argue physically, even if you think the police have made a mistake. You can challenge what happened later with legal help.
Police procedures vary across Australia’s states and territories, but officers will generally need to tell you why you’re being arrested. Try to remember what they say and, if you can, note the officers’ names or identification numbers.
Ask for a lawyer before an interview
Say clearly: “I want to speak to a lawyer before answering questions.” Ask to call a lawyer you know, or ask police how to contact Legal Aid in your state or territory. If you’re Aboriginal or Torres Strait Islander, tell police and ask to contact the local Aboriginal and Torres Strait Islander legal service. If you need an interpreter, ask for one rather than trying to manage an interview in a language you’re not comfortable using.
Police may still ask questions while you’re waiting. In most situations, you have a right to silence: you don’t have to answer questions about the alleged offence. You can politely repeat that you want legal advice first. For example, if an officer asks, “Where were you last night?”, you don’t have to guess what answer might help you. Wait until you’ve spoken to a lawyer.
There are important exceptions. Depending on where you are and what has happened, you may have to give your name, address or other identifying details, or comply with requirements such as a roadside breath test. Ask what you’re legally required to provide. Don’t give a false name or make up an answer.
Be careful with paperwork and conversations
An interview may be recorded, and anything you say can matter later. Don’t assume an informal chat in a police car or at the station is “off the record”. Avoid discussing the allegation with other people in custody, too.
You can ask to read any document before signing it and request a copy. If it’s a written account of what you supposedly said, check it carefully; don’t sign it just because you feel rushed. If police ask for access to your phone or other belongings, ask whether you’re legally required to provide it and tell them you want legal advice. The rules about searches and device access are complex and depend on the circumstances.
Look after your immediate needs
Tell police promptly if you’re injured, unwell, need medication or feel unsafe. Ask for medical attention if you need it. You can also ask to contact someone you trust so they know where you are; the rules about calls and notifications differ between jurisdictions.
Ask what happens next: will police release you, charge you or apply for bail? Bail means being allowed to remain in the community while your case proceeds, often with conditions you must follow. If you’re released, keep every document you’re given, note any court date and get legal advice quickly.
You don’t have to handle an arrest perfectly. The most useful first steps are simple: stay calm, ask why you’re there, provide information you’re legally required to give, and ask to speak to a lawyer before discussing the allegation.
