What Happens if I am Arrested?

If you are lawfully arrested, you are not free to leave. You have the right to speak to a lawyer and the right not to answer any questions (other than your name and address). Police should tell you these rights and make sure you understand. If you ask to speak to a lawyer, police should not ask you any more questions until you do. Police may search you but any search must be reasonable.

If you are lawfully arrested, you are not free to leave. Leaving or trying to leave is a criminal offence. If you are arrested, you must tell the police your name and address if they ask. If you are not sure if you have been arrested, ask the police. Do not lie to the police, get into an argument with them or fight them. If you think that you have been treated improperly, you can make a complaint later.

If you are arrested, the police will usually follow a standard procedure...

• The officers will identify themselves as police officers.
• You will be told that you are under arrest.
• You will be told the reason for your arrest.
• An officer will take physical control of you. This may be as simple as placing a hand on your shoulder.
• An officer will tell you your rights and you will be asked if you understand your rights. You have the right to speak with a lawyer and the right to remain silent and not answer police questions. If you do not understand something, you should say that.
• You will be asked if you want to call a lawyer. If you do, you will be given a chance to do that. Police should tell you about the Brydges Line (operated by Legal Aid) which you can call to get free legal advice if you have been arrested and are being held in custody. Police should help you to access that phone line.
• You will be searched and should expect to be handcuffed before being placed in a police vehicle.
• You may be subject to a further search.
• You may be released or taken to a police station, depending on the circumstances.
• You will be asked questions by the police. You do not have to say anything except to give them your correct name.

If you think you have been arbitrarily (without a legal reason) detained or arrested, tell your lawyer.