The Logan Reporter, Friday 22nd January 2016
By: Natasha Pettit
YFS Acting Principal Solicitor
Chris has been arrested by the police without a warrant, what are his rights?
The police can arrest Chris without a warrant if they reasonably believe that Chris has broken the law or is about to break the law.
Further, if the police believe that Chris has committed an indictable offence, they can arrest Chris for questioning and keep him for a reasonable amount of time.
Chris has a right to know that he is under arrest and why he is under arrest. If Chris is under arrest, he must go with the police. Chris should be cooperative with police; if he attempts to resist arrest he can be charged.
However, Chris has the right to remain silent, which means that he only needs to give the police his name and address. Chris does not have to give an interview. If Chris wants to give an interview he should seek legal advice first, Legal Aid and Community Legal Centres offer free advice. Nothing Chris says to the police is ‘off the record’.
If Chris is charged with an offence the police may give him watch-house bail and release him to attend court. If the police don’t give Chris bail, then the police must take Chris to Court as soon as reasonably possible and he can apply for bail at Court.
YFS Legal is a community legal Centre located in Logan. This article is information only; if you require free legal advice please contact YFS Legal on 3836 1500 to book an appointment.