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ARTICLE · 28 OCTOBER 2017

Right to silence, when arrested by police

This is a fundamental legal right, which means that you do not have to say anything to police or answer their questions.

AustraliaCriminal Law

When you are arrested by police you have the right to remain silent. This is a fundamental legal right which underpins our legal system. What this means is that you do not have to say anything to police or answer their questions.

When police arrest you they will ask a number of "informal" questions before asking whether you want to be interviewed or make a written statement. You do not have to answer their questions, participate in an interview or make a written statement.

You need to be aware that anything you say to the police can be used as evidence against you at a later stage. That is, anything you say whether you are in your house, on the street or in the Police station can be used as evidence against you.

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