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ARTICLE · 24 AUGUST 2019

Your arrest rights and responsibilities in NSW

Knowing about your rights and responsibilities may make the situation easier, and help you to deal with the police.

AustraliaCriminal Law

Being arrested is a traumatic experience. But knowing about your rights and responsibilities can make it a little easier, and help you to protect your interests in the longer term.

Two aspects of dealing with police to keep front and centre are to do with answering questions and being searched. Firstly, there's no such thing as an "off the record" chat with police. Anything you say can be used against you at a later date, so it's best to give your details but otherwise stay silent.

An exemption to this rule is where police issue you with a 'form of demand' in relation to an incident involving a motor vehicle. If they do this, you are required to provide the details of the person who was driving the vehicle at the time, if you have knowledge of this.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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