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Basic arrest procedure

Before a criminal matter comes to the Court, the suspect is either:

  1. arrested by the Police; or
  2. served with a summons requiring attendance at the Courts of Petty Sessions on a particular date to answer the charge as outlined

Basic arrest procedure

An arrested person must accompany the Police Officer to the Police Station. Before the charge is formally laid, the arrested person is interviewed about the allegations in relation to the matter. The Police must caution the arrested person by saying “you are not obliged to say anything unless you wish to do so, but whatever you say may be given in evidence”. An interview of a person under the age of 18 years can only proceed in the presence of an independent witness.

Where the equipment is available, the interview is recorded on a video tape and if the matter proceeds to trial, the video tape is often admitted as evidence.

The arrested person is then told the nature of the charge and is held in custody while the Police obtain fingerprints, photographs and complete other administrative duties.

The arrested person has no automatic right to a telephone call. However, police procedures state that if the arrested person makes such a request, a telephone call must be granted.

The arrested person has a right to independent legal advice.

If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.

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