Criminal Law
Other Offences
Being arrested by the Police, detained in custody and charged with a criminal offence is a very stressful experience. So too, is defending yourself before the Court. Being charged with a criminal offence is a very serious matter and one which you must handle appropriately from the very beginning. It is always best to receive proper legal advice in relation to all criminal charges to put yourself in the best possible position.
If you are arrested by the Police you should always ask to obtain legal advice before answering any questions by the Police. You should provide them with your name and address and answer any further questions with “no comment”.
If the Police ask you for your name and address, you must give it to them if:- The police believe you have broken or are about to break the law;
- The police believe that you can provide them with information about a possible crime;
- You are driving a car, motorbike or pushbike;
- You are on public transport or public transport property; or
- You are in a pub or licensed premises.
You do not have to go anywhere with police except when you have been arrested or they think you need protection.
If you are arrested by the police they must tell you why they are arresting you. They can arrest you if:- They have a warrant for your arrest;
- They suspect you have committed an offence; or
- They witnessed you commit an offence.
In almost all circumstances we recommend that you exercise your right to silence in answering any questions (other than your name and address) until you have had the chance to obtain legal advice about the situation, whether you have been arrested or not.
