Key Takeaways
- In Victoria, police have the authority to arrest individuals if they believe a crime has been committed, there is a warrant for arrest, or if the person poses a risk to a family member.
- Upon arrest, individuals have the right to be informed of the reason for their arrest, to ask questions, and to not answer questions beyond providing their personal details.
- Individuals in police custody have the right to make two phone calls, one to a lawyer and another to a family member or friend, ensuring private space for these conversations.
- Police can only hold individuals for a reasonable amount of time before charging or releasing them, and the duration depends on the seriousness of the offence and the time needed for investigations.
- Special considerations exist for Aboriginal or Torres Strait Islander individuals, including assistance from the Victorian Aboriginal Legal Service and access to appropriate support services.
Being arrested can be a confusing and stressful experience, particularly if you are unfamiliar with the legal process. In Victoria, Australia, the police have specific powers regarding arrests, and individuals have corresponding rights that must be upheld. This guide provides a comprehensive overview of the arrest process, your legal rights, and what to expect if you find yourself in police custody. By understanding your rights and responsibilities, you can ensure that you are treated fairly and can make informed decisions during this challenging time.
When Can Police Arrest You?
Police officers in Victoria have the authority to arrest you if:
- They believe you have committed an offence – This applies when the police have reasonable grounds to suspect you have broken the law.
- There is a warrant for your arrest – A court-issued warrant authorises the police to take you into custody.
- You pose a risk to a family member – Under family violence laws, police can arrest you if you are considered a threat.
Once arrested, you are legally required to comply with the police officer’s instructions.
What Happens During an Arrest?
Your Rights Upon Arrest
When you are arrested, you have the right to:
- Be informed of the reason for your arrest.
- Ask the police, “Am I under arrest?” and “Why am I under arrest?”
- Not answer questions beyond providing your name and address.
Following Police Instructions
You must accompany the police officer if you are arrested or apprehended. If you resist arrest, you may be charged with ‘resisting arrest,’ and police can use reasonable force to detain you. If you believe the force used was excessive, you can make a formal complaint.
What Happens After Arrest?
Once arrested, you will be taken into custody at a police station, custody centre, or court holding cells. You may be transported in a police vehicle, and handcuffs may be used if necessary.
Procedures While in Custody
While in police custody, officers may:
- Request your name and address.
- Conduct a formal interview.
- Take fingerprints and photographs.
- Conduct a search.
- Charge you with an offence.
- Consider granting you bail.
Your Communication Rights
You have the right to make two phone calls:
- One to a lawyer for legal advice.
- One to a family member or friend to notify them of your situation.
Police must provide a private space for your call unless there are concerns about evidence tampering, public safety, or suspect evasion.
How Long Can You Be Held in Custody?
Police can only hold you for a reasonable time before either charging or releasing you. The law does not define a specific timeframe, and it depends on factors such as:
- The seriousness of the offence.
- The time required to complete investigations.
If you feel you have been detained too long, you can ask when you will be charged or released, or you can request to contact a lawyer.
Handling Your Personal Belongings
When taken into custody, police will document your belongings on a property sheet. You should carefully review and sign it to acknowledge the items listed. Your property will be returned upon release unless it is retained as evidence.
Special Considerations
Public Intoxication
Under current Victorian law, police can no longer arrest individuals solely for public intoxication. For more information, refer to the updated public intoxication laws.
Access to Medical Care
If you require medical attention, you have the right to see a doctor. Police must facilitate access to medical care, including prescribed medications such as methadone or buprenorphine.
Support for First Nations People
If you are an Aboriginal or Torres Strait Islander, police must notify the Victorian Aboriginal Legal Service (VALS). A representative will contact you to offer support and legal advice. Additionally, an Aboriginal Community Justice Panel (ACJP) may provide further assistance and ensure your well being.
Language Assistance
If English is not your first language, you have the right to request a qualified interpreter, free of charge.
Key Legislation
Understanding your rights requires knowledge of the following key laws:
- Crimes Act 1958: This Act outlines serious criminal offences and their legal consequences, including theft, assault, and homicide. It provides the legal framework under which police can arrest and charge individuals.
- Summary Offences Act 1966: Covers minor legal violations such as public disorder, trespassing, and offensive behaviour. It helps police address less severe breaches of the law with appropriate responses.
- Bail Act 1977: Establishes the conditions and procedures for granting bail, ensuring that individuals accused of offences are either released under certain conditions or held in custody if deemed necessary.
- Victoria Police Act 2013: Regulates the powers, duties, and responsibilities of Victoria Police, ensuring accountability and guiding lawful police actions, including arrest procedures.
Resources and Support
If you need assistance with arrest-related issues, contact the following organisations:
- Victoria Legal Aid: Provides free legal assistance and advice for individuals facing criminal charges, helping them understand their rights and navigate the legal process.
- Victorian Aboriginal Legal Service (VALS): Offers culturally appropriate legal support and advocacy for Aboriginal and Torres Strait Islander people, ensuring their rights are protected.
- Federation of Community Legal Centres: A network of independent community legal centres that provide free legal services to disadvantaged individuals and communities, addressing a range of legal issues including criminal law.
Conclusion
Understanding your rights and obligations when arrested is crucial to ensuring fair treatment and protecting yourself within the legal system. Being informed can help you navigate the complexities of police procedures, avoid potential legal pitfalls, and exercise your rights effectively. Seeking timely legal assistance can make a significant difference in achieving a favorable outcome in your case.
At Pentana Stanton Lawyers, our experienced legal team is dedicated to providing expert guidance and representation for individuals facing legal challenges. We understand the complexities of the law and are committed to advocating for your best interests.
Contact us today for reliable and professional legal support tailored to your needs.
