CHAPTER CONTENTS
Last updated 9 September 2019. This chapter is currently under review
Police Powers
Questioning of Suspects by Police
Answering Police Questions
Declining to Speak to Police
Detention for Police Questioning
Search of Property and People and Seizure of Property
Arrest by Police
Citizen’s Arrest
Mode of Arrest
What to Do if Arrested
The outcome of people’s dealings with police is very variable, and it is impossible to embrace all of the issues that arise when people, who are accused or suspected of offences, deal with police, nor is it possible to provide ‘one size fits all’ guidance for people dealing with police. In a general sense, the outcome of people’s dealings with police in this context often depends on:
- the seriousness of the charge being investigated
- the personal circumstances of the person who is approached by police, including their age, educational and intellectual capacity and socio-economic circumstances
- the relevance and extent of the person’s remorse for the offence.
The information in this chapter is of a general nature and does not replace the need for specific legal advice in relation to the specific circumstances.