What should I do if arrested by police in Queensland?

Being arrested is stressful and intimidating. Police are trained to extract information from you. Knowing your rights before you are in that situation is the best defence.

The Golden Rules

1. The Right to Remain Silent

In Queensland, you have a fundamental right to silence.¹ You generally do not have to answer police questions about an alleged offence.

• Exception: You must provide your name and address if asked. Failure to do so is an offence.²
• Advice: Politely say, “I wish to exercise my right to silence and I want to speak to a lawyer.”

2. Do Not Do the “Record of Interview”

Police may invite you to participate in an electronically recorded interview. They might say, “This is your chance to tell your side of the story.”

• Warning: This is usually a trap. Anything you say will be used against you in court. It is almost never in your best interests to be interviewed without a lawyer present.
• Decline: say “I do not wish to be interviewed.”

3. The Right to a Lawyer

You have the right to telephone a friend, relative, or lawyer.³ You should call a criminal lawyer immediately. We can advise you over the phone on whether to participate in any procedures.

What Happens After Arrest?

Police generally have three options:

1. Release without charge: If there is insufficient evidence.
2. Notice to Appear: You are released but given a slip of paper telling you when to go to court.
3. Watchhouse Bail: You are charged and released on bail from the station.
4. Refused Bail: You are kept in custody to appear before a Magistrate (usually the next morning).

Related Criminal Law Topics

• How does bail work?
• Summary vs Indictable offences
• Criminal Law Practice Area

24/7 Urgency

If you or a loved one has been arrested, time is critical.

Need urgent advice? Contact Bell & Senior immediately. Call (07) 5532 8777.