We know being arrested is frightening, right?

Anyone dealing with the law has the right to an attorney, and we want to lend you our knowledge of the whole ordeal and experience with the law here in the Daniel Wakim Law Firm as your practitioner of criminal law to let you know how to protect yourself.

Seemingly, whether it is a simple misunderstanding or a serious accusation, it is best for you to know what you are entitled to, being treated fairly and legally. We will present you with this article on arrest scenarios in New South Wales (NSW) and why the right legal help pays.

Let’s keep reading this article.

What Constitutes a Lawful Arrest in NSW?

A lawful arrest in New South Wales must meet these three critical elements:

  1. You must be informed that you are under arrest.
  2. You must be told the reason for your arrest, unless it’s already evident.
  3. The arresting officer’s words or actions must make it clear you are not free to leave.

While an arrest can sometimes feel abrupt or aggressive, understanding these elements can help you assess whether the process is being handled lawfully.

When Can You Be Arrested in NSW?

Law Enforcement (Powers and Responsibilities) Act 2002 allows police officers in New South Wales to execute arrest without a warrant, based on a reasonable suspicion that:

  • You are committing, or have committed, an offence,
  • The arrest is necessary to prevent further offences, or to preserve evidence, or to ensure the appearance of a person in court;
  • The arrest is necessary for the protection of the safety of persons involved.

Police may also arrest you if you breach bail conditions, fail a random breath test, or cause a disturbance.

What Happens During an Arrest?

If you’re arrested, the police must:

  • Identify themselves as police officers (if not in uniform).
  • Provide their name and station of duty.
  • Clearly state the reason for your arrest.

These steps are essential to ensure transparency and accountability in the arrest process.

Can Police Use Force During an Arrest?

Yes, police can apply reasonable force in making an arrest depending on the circumstances surrounding the arrest. If they are found to have excessively used force, they could be charged for such criminal violations as assault. 

At DWLF, we have had numerous forms of cases where clients felt their rights were violated during arrest. If you feel the police used excessive force, it’s critical that you speak with us right away. 

What Are Your Rights Following Arrest?

In NSW, you are entitled to several rights after being arrested. These include:

  1. The Right to Silence
    You need not provide any answers to police questions or interviews (aside from some questions related to road traffic matters). In this situation, you must be informed by the police that anything you say or do might be used against you in a court of law.
  2. The Right to Legal Representation
    You can contact a lawyer and request they be present during questioning. This is where DWLF steps in—ensuring your rights are protected every step of the way.
  3. The Right to Contact Someone
    You’re entitled to inform a relative or friend about your situation.
  4. The Right to an Interpreter
    You have the right to request an interpreter to ensure you fully understand the situation, particularly if English is not your primary language.
    The Right to Medical Attention
    If you need medical assistance, police must provide access to healthcare.

Changes to the Right to Silence for Serious Indictable Offences

Changes to the law in NSW over the last few years have generally favored the accused in serious indictable offences for which the punishment is five years or more in prison. The right to remain silent is thus preserved. 

An important exception to this general rule is that should you, while being questioned, refuse to answer a question and later in trial find it convenient to plead opposite to what you have just said, then the inference is very much unfavourable against you. Unless:

  • Special caution is drawn to your silence by the police.
  • Under no circumstances would you have waived your right to have a lawyer present to advise you during questioning.

With DWLF on your side, however, such navigation becomes much easier.

What are the Reasons to Contact a Lawyer After Arrest?

At DWLF, we believe that timely legal intervention may provide an excellent opportunity for a favorable case outcome. Here are some ways we assist: 

  • We explain the law that affects your situation.
  • We will advise you as to what to say (or not say) in order to prevent self-incrimination.
  • We also help you in making bail applications if we need to secure your release.
  • Our team represents you in court, fighting for the best possible outcome.

Your first point of contact following an arrest should be a lawyer. DWLF is ready to support you 24/7.

Police Searches After Arrest

Once arrested, the police may conduct a search to ensure their safety or gather evidence. However, these searches must be conducted with dignity and minimal invasion of privacy.

Additionally, police may take your photographs and fingerprints. If you believe a search violated your rights, reach out to us immediately to explore your legal options.

How Long Can You Be Detained?

Under NSW law, police can detain you for up to six hours for investigation, extendable by another six hours with a court warrant. After this period, you must be:

  • Released unconditionally.
  • Released on police bail.
  • Taken before a court.

Final Thoughts: Why Choose DWLF?

Daniel Wakim Law Firm does more than just provide advice; we walk with you in some of life’s toughest moments. An arrest can make you feel powerless and in a state of great uncertainty; however, with DWLF, you will always have a trusted defender. 

The reasons why clients continue to trust us:

  • We don’t believe in the blanket approach because we give custom solutions to every legal issue we handle. Each case is unique, and therefore, so is our approach.
  • We treat our clients like family; you will feel respected and supported.
  • With experience in criminal law, we’re experts in traversing any complexities of the NSW legal system. 

When your rights are concerned, a firm should exist that will fight to protect them. Call Daniel Wakim Law Firm today for a confidential consultation and take the first step in unravelling your legal matter.