What to Do When You’re Arrested: Guide for Queenslanders

When dealing with arrest in Queensland, the actions you take matter. This guide outlines your legal rights, explains recent changes to police powers, and provides practical guidance on handling the arrest process. Whether you’re currently dealing with charges or want to be prepared, understanding these essential points can make a significant difference to your case.

Understanding Arrest Powers in Queensland

Police in Queensland have broad powers. For example, officers can arrest you if they suspect you’ve committed an offence, or are even about to. Queensland police don’t always need a warrant, which means you could be arrested without formal documents.

Recently, “Jack’s Law” has expanded police search powers too. This means that police can now search individuals in certain locations without a warrant, using handheld metal detectors. You might encounter these searches in places like:

• Safe night precincts
• Public transport stations and vehicles
• Shopping centres
• High-risk retail premises (e.g., convenience stores)
• Sporting and entertainment venues
• Licensed premises
• Train lines, including the Gold Coast Light Rail. 

With these new powers, you could be searched just about anywhere, so it’s essential to know your rights when this happens.

Here’s a step-by-step guide to help navigate being arrested in Queensland.

Immediate Actions

The moments after an arrest are crucial. These are the essential steps you need to take immediately to protect your rights and handle the situation properly.

Initial Response: Staying Calm and Cooperative

When you’re arrested, the first thing to do is try to stay calm. Resisting arrest can only make things worse, even if you feel your arrest is unjust. Cooperate with the officers. Be respectful, even if you disagree as resisting might land you with more charges.

For example, if the police ask you to put your hands behind your back, do it. Fighting back will only escalate the situation.

Essential Rights: What You Need to Know

When arrested, you have several important rights:

1. The right to remain silent: You’re not obligated to answer questions beyond providing your name and address.
2. The right to be informed: The police must tell you why you’re being arrested.
3. The right to legal representation: You have the right to contact a lawyer.
4. The right to humane treatment: You should not be subjected to unnecessary force or intimidation.

Search Authority: Understanding Police Powers

Under Jack’s Law, police can search you in public without a warrant. However, outside these specific locations, they generally need a warrant. For other situations:

• Police can search you without a warrant if they reasonably suspect you have something illegal or related to a crime.
• For vehicle or home searches, police generally need a warrant unless there are urgent circumstances. You can ask to see the warrant in question. 
• You can politely ask to see a warrant if one is required.
• If police ask to search your phone or computer, you can refuse consent. They will then need to obtain a warrant.

Personal Information: What You Must Provide

When you are arrested in Queensland, you must also provide officers with your personal basic information. While you have the right to remain silent, you are still required to provide:

• Your full name
• Your address
• Your date of birth

Refusing to provide this basic information can result in additional charges.

Communication Guidelines: Using Your Right to Silence

After giving your basic details, make it clear that you’re choosing to stay silent. Don’t discuss the charges or explain yourself. Anything you say can be used as evidence against you. So follow these steps if arrested: 

• Clearly state that you wish to exercise your right to remain silent.
• Avoid discussing the alleged offence or providing explanations.
• Remember that anything you say can be used as evidence in court.

At The Station/Watch House: What To Expect

Once at the police station, several procedures will take place. Understanding these processes and knowing how to handle them appropriately can significantly impact your case.

Processing Procedures: Station Arrival and Booking

After the arrest, you’ll likely be:

• Handcuffed and taken to the police station. 
• Here, you’ll be searched, and your belongings are usually confiscated. 
• Then you might be held in a cell with others, 
• We recommend keeping calm and remaining cooperative, especially until you have a lawyer there to guide you. 

Right to Request Legal Support: Getting Professional Representation

As soon as possible, contact a criminal defence lawyer. Don’t agree to interviews or sign any documents before getting legal advice. Your lawyer can guide you on what to say and how to handle your case. 

• Fast and skilled criminal defence legal help can be essential in getting the best possible outcome. Our experienced criminal lawyers are available 24/7 for urgent bail applications and advice. Call 1300 244 342.
• Do not agree to any interviews or sign any documents without legal advice.
• Provide your lawyer with all relevant information about your arrest and charges.
• Follow your lawyer’s advice regarding statements, pleas, and court appearances.

Interview Protocol: Handling Police Questions

Next is the tougher part, police questioning. Follow these steps for a smooth process. 

• Restate that you want to remain silent and you need to speak to your lawyer first. 
• Police can hold you for questioning for up to 8 hours, with a maximum of 4 hours of actual questioning.
• Do not make statements or give explanations without legal advice.

Identity Verification: Understanding ID Procedures

Police may also ask you to participate in identification procedures. For example, you may be asked to stand in a lineup or photo boards. Try to remember these tips:

• You also have the right to refuse to participate in an identification parade.
• If you are asked to provide fingerprints or DNA samples, seek legal advice before consenting. A lawyer is qualified to advise if you should provide this or not. 

Formal Procedures

Bail Process: Understanding Your Release Options

If you are charged, police will decide whether to grant you bail or hold you in custody. Kingsford Lawyers are highly experienced in bail applications with years of helping our clients secure their freedom. Here are the steps to follow to get bail:

• If granted bail, carefully review and understand all your bail conditions before you sign anything.
• However, if you are denied bail, you’ll be held in custody until you can appear before a court.
• At court, you can also apply for bail. Your lawyer can apply for bail on your behalf.

Court Procedures: Your First Appearance

If you are held in police custody:

• You must be brought before a court as soon as reasonably possible.
• At court, you can apply for bail, seek legal representation, or have your case adjourned.

Key Arrest and Police Questioning Terminology

If you are unfamiliar with the criminal systems, there may be terms that are unfamiliar to you. Throughout the arrest and legal process, you may encounter these terms:

• Charge: The formal accusation of an offence.
• Bail: Release from custody on the condition that you appear in court when required.
• Remand: Being detained pending trial.
• Watch-house: A police holding facility where arrested individuals are initially detained.
• Duty Lawyer: A lawyer available at court to provide free legal advice and representation for your first appearance.
• QP9: A document summarising the police version of events leading to your arrest.

Protecting Your Rights During and After an Arrest

Being arrested is a serious matter, but understanding your rights and the process can help you navigate this challenging situation. Remember these key points:

• Stay calm and cooperate with police.
• Exercise your right to remain silent.
• Request legal representation immediately.
• Understand police search powers, including the expanded powers under Jack’s Law.
• Do not consent to searches of electronic devices without a warrant.
• Carefully consider bail conditions if offered.
• Seek professional legal advice as soon as possible.

By knowing your rights and following these steps, you can take control of this difficult situation.

Each legal case is different, and having a skilled criminal defence lawyer by your side from early on can make all the difference. We can help you navigate the legal system, protect your rights, and guide you through complex court processes. 

Get Professional Legal Advice Now: Facing criminal charges or need urgent legal representation? At Kingsford Lawyers our Gold Coast criminal lawyers offer 24/7 support for urgent matters like bail applications and police questioning. 

Call 1300 244 342 for urgent support or make an enquiry online to request initial advice from our experienced criminal law team.