Facing an arrest is an overwhelming experience that can happen to anyone, regardless of their background. It is a high-stress situation where emotions run high, but it is also the most critical moment for protecting your future legal interests. In Australia, the legal system provides specific rights to individuals in custody, and knowing how to exercise them can make the difference between a dismissed charge and a conviction.
Being charged with an offense does not automatically imply guilt. However, the actions you take from the moment the police approach you will set the trajectory for your entire case. Below is a comprehensive guide on how to conduct yourself professionally and legally if you find yourself under arrest in Australia.
1. Exercise Your Right to Silence
One of the most fundamental principles of the Australian legal system is the right to remain silent. While the term “Miranda Rights” is a common Americanism often seen in television, Australia operates under similar cautions. Upon arrest, police must inform you that you are not obliged to say anything, but that anything you do say may be used as evidence.
Professional legal advice is unanimous on this point: say nothing beyond providing your basic identification. You are legally required to provide your name, address, and date of birth. Beyond that, you should politely but firmly state, “I wish to remain silent until I have spoken with my lawyer.” Do not attempt to talk your way out of the situation or offer “your side of the story” in the back of the patrol car. These informal conversations are often recorded and can be used to undermine your defense later.
2. Secure Legal Representation Immediately
The moments following an arrest are critical for evidence gathering. If the police are preparing a urine drug test kit for a roadside or station-based assessment, or if they are preparing for a formal interview, this is the time to request your phone call.
You have a statutory right to contact a legal practitioner. If you have a private criminal lawyer, request to call them immediately. If you do not have one, you have the right to contact Legal Aid or a Duty Lawyer. A legal professional will ensure that the police follow the correct procedures—such as ensuring a urine drug test kit is administered according to strict forensic standards to avoid contamination or false positives. Your lawyer will also advise you on whether to participate in a recorded interview. In many cases, a lawyer will advise you to provide a “no comment” interview to ensure you do not inadvertently prejudice your case.
3. Document Injuries and Medical Needs
The physical well-being of a person in custody is the responsibility of the arresting officers. If you sustained any injuries during the arrest—even minor scrapes or bruising—it is imperative that you inform the officers immediately and ask that it be noted in the custody log. Documentation is essential; if an injury worsens or if there is a claim of excessive force, having a record from the time of the arrest is vital for any future litigation or complaints.
Similarly, if you require daily medication for a chronic condition (such as diabetes, heart conditions, or mental health support), you must inform the officers. If the arrest occurs at your residence, you have the right to request to take your medication with you to the station. The police have a duty of care to ensure you receive medical attention if required while in their custody.
4. Notification of Family or Employers
Under Australian law, you generally have the right to notify a friend, relative, or partner that you have been detained and where you are being held. This is not just a personal courtesy; it is a vital step in ensuring your support network knows your whereabouts.
Furthermore, if your arrest interferes with professional obligations, such as being unable to show up for a shift, you should ask to notify your employer. Keeping the communication professional and brief is key—you do not need to explain the details of the charges to your employer at this stage, merely that you are dealing with a personal emergency and will be unavailable.
5. Cooperating with Procedural Requirements
While you should remain silent regarding the alleged crime, you should remain cooperative regarding police procedures. This includes providing fingerprints, photographs, and, in certain circumstances, forensic samples.
As mentioned, if the investigation involves suspected impairment, police may utilize a urine drug test kit or breathalyzer. In most Australian jurisdictions, refusing to provide a sample for a lawful drug or alcohol test is an offense in itself and can carry penalties as severe as the primary charge. If you are unsure of the legality of a request, ask your lawyer, but generally, resisting physical procedures only leads to additional charges like “Resisting Arrest” or “Assaulting Police.”
6. Maintain Professional Composure
The environment of a police station is designed to be intimidating. However, getting emotional, aggressive, or argumentative will never help your case. Police officers are trained to observe behavior, and any outbursts may be documented and used to characterize you as volatile or uncooperative in court.
By remaining calm and polite, you maintain control over the situation. It allows you to process information more clearly and follow the advice of your legal counsel. Remember, the police station is not the place where your innocence is proven—that happens in a courtroom or through negotiations between your lawyer and the prosecution. Your goal at the station is simply to protect your rights and exit the custody process as quickly as possible.
Conclusion
An arrest is a significant life event, but it is one that can be managed through discipline and the right legal support. The golden rule is to be cooperative with procedures, such as a urine drug test kit or identification checks, but remain silent regarding the allegations until you have professional counsel by your side.
By following these steps—staying calm, requesting a lawyer, and documenting your medical state—you ensure that you are in the best possible position to defend your rights and achieve a fair outcome in the Australian legal system.
