What happens if you get arrested?

If you find yourself under arrest, there are rights that you should be aware of:

  • You do not have to answer any questions except for providing your name and address and age if you are under 18.
  • You do not need to make a statement or agree to an interview.
  • If you are going to be strip-searched, and you are male, you can request a male to perform the search. If you are female, you can request a female officer perform the search or at least be present for it.
  • You may be allowed one phone call to contact a family member or friend to tell them where you are.
  • You can request a lawyer if you are being questioned.  Legal Aid provide duty lawyers who can give you initial advice, or you can call your own private lawyer.

If you are charged you may be bailed (released), with or without conditions, to appear in court on a certain day. If you do not attend at that appointed time then a warrant will be issued for your arrest.

If you are charged with a serious crime you may only be granted bail on the condition that someone is willing to provide a surety for you. A surety means someone (over the age of 18) agreeing to pay the court an amount of money if you do not attend court when you are supposed to.

For assistance in Tasmania, contact Legal Aid Commission of Tasmania on 1300 366 611.