What Occurs When You're Arrested?
The process typically involves :
- Arrest
- Caution
- Transport to the police station
Arrest
Police officers can arrest you without a warrant if they have reasonable grounds to believe you've committed or are about to commit an offence.
The arrest may be necessary to :
- Avert harm to yourself or others, or prevent property damage.
- Conduct an investigation into the alleged offence.
- Prevent you from absconding.
- Obtain your name and address, especially if you refuse to provide them or if the police have reasonable doubts about the authenticity of the information you've given.
Upon arrest, the police are obligated to :
- Identify themselves clearly.
- Inform you that you are under arrest.
- Specify the alleged crime.
- Clarify why the arrest is necessary.
- Make it clear that you are not free to leave.
The Caution
You'll be cautioned with the following statement: "You have the right to remain silent. However, not mentioning something during questioning that you later rely on in court could harm your defence. Anything you say may be used as evidence."
Arrival at the Police Station
You'll be transported to a police station if you're not already there. Should you attempt to flee or become aggressive, the police are authorised to use 'reasonable force' and may handcuff you for transport.
At the Police Station
Upon arrival, you'll be directed to the custody suite, where :
- The custody officer will ask you several questions to complete a custody record and risk assessment.
If they believe you're unable to comprehend the questions due to mental health issues or other vulnerabilities, they must :
- Summon an appropriate healthcare practitioner (AHCP) for an assessment.
- Consult the AHCP about your fitness for detention and/or questioning.
- Refer you to the Liaison and Diversion service.
- Call an appropriate adult for support during specific procedures.
And Then...
- You'll be informed of your right to free legal advice immediately or at any point during your detention. You can request the duty solicitor or your own solicitor if you have one.
- Authorisation will be given for the collection of your fingerprints, DNA samples, and photographs.
- You may be subjected to a search, breath test, or urine drug screening.
- Removal of clothing for forensic analysis may be authorised if applicable.