Got a question? Grab the phone!

Call us for free advice over the phone.  

Phone (02) 8303 6600 or 1800 765 767 Monday to Friday from 9.00 am to 5.00 pm. (this number will cost money on a mobile phone)
 

We're here to help

Contact us today for advice or a referral to another organisation. 

We can help you get answers to your questions.

If police want to arrest you...

Remember, you have rights

THIS IS WHAT YOU CAN DO

• YOU CAN give your name and address
• YOU CAN ask why you are being arrested
• YOU CAN ask the Police to call the Aboriginal Legal Service
• YOU CAN ask for bail. If refused, ask the Police to call the Aboriginal Legal Service
   

DON'T DO THIS OR THERE'S MORE TROUBLE!

• DO NOT resist arrest
• DO NOT swear or be abusive and disorderly
• DO NOT give a statement and do not sign a statement
• DO NOT plead guilty or anything until you have spoken to a lawyer
• DO NOT answer any questions

What are my rights when I am being arrested?

Remember, you have rights

When you are being arrested -

• Police will warn you that you do not have to say anything, and if you do say something it will be recorded and may be used as evidence against you in court.
   

Getting into the Police car -

• Before you get in the police car, Police will ask you for your wallet or phone. Police may ask you to remove your belt, earrings or jewellery, and to remove your shoes or shoelaces.
   

At the Police station -

• At the station they may search you to make sure you don’t have anything dangerous with you.
• You will be introduced to the Custody Manager.
• If you have been handcuffed the Custody Manager may remove them.
• If you would like someone there with you, ask them to call a support person.
• If you need to use the toilet, ask the Custody Manager.
• If you have been arrested for drug offences, Police may search you again before you use the toilet.
   

Police will want to talk to you -

• The Custody Manager will warn you that you do not have to say anything, and if you do say something that it will be recorded and may be used as evidence against you in court.
• The Custody Manager will ask questions to make sure you’re ok.
   

The Police with ring the ALS -

• The Custody Manager will call Aboriginal Legal Service. A lawyer will answer the phone.
   

You can speak to the ALS lawyer on the phone -

• You can speak to an ALS lawyer about what you should do.
• The lawyer will give you legal advice.
• The lawyer will say don’t do an interview. They will say don’t sign a statement. They will say don’t answer any Police questions.
   

Police will ask you for an interview -

• Police will ask you if you would like to do an interview.
• Say no.
   

If you are charged this will be done by the Custody Manager. You will be fingerprinted and photographed.

If you are granted bail you will be given a date when you must go to court. Police will give you your things back and you are free to leave.

If you are refused bail you will go to a remand centre, and will be taken to court soon. 

If Police knock on your front door...

Remember, you have rights

Police must ask the Boss

• The Police will ask to talk to the Boss of the house. This is the person in charge of the house. It could be a mum, dad, uncle, aunty or grandparent.
• If you are not the Boss, go get them.
• If Police want to come into the house, they will ask the Boss if it’s ok to come in. In cases of Domestic Violence, anyone at the house - even kids - can let Police into the house (even if the Boss doesn’t want them in).

Before they come into your house, Police must tell the Boss

• They must tell the Boss their name and the police station they work at - if they’re not in a police uniform you can ask for proof. 
• They must tell the Boss why they want to come into your house

Police CAN come into your house if:

• Police can come into your house if the Boss has given permission.
• Police can come into your house if they have a warrant which says they can come in.
• Police can come into your house if they think a person in the house is getting hurt or might get hurt - this is called an emergency situation. 
• Police can come into your house if they want to arrest a person in the house - and they have a good reason for thinking that person is in the house.
• If Police have permission from the Boss to come into your house you must let them in.
• If Police have a warrant to come into your house you must let them in.
• If Police think it’s an emergency situation you must let them in. 
• If Police want to arrest someone and they tell you why, you must let them in.
• If you don’t let the Police in these situations, Police may use force to get in. They are allowed to do this. They can break the door. Or push you out of the way (and remember, you may get in trouble for being in their way).

Police CANNOT come into your house if:

• Police cannot come into your house if they don’t have a warrant or permission to investigate a crime.
• Police cannot come into your house if they just want to find out who’s home.
• Police cannot come into your house if they just want to serve a summons or a court attendance notice on someone.
• Police cannot come into your house if the Boss decides they don’t want the Police in their house anymore. The Police must leave, unless they are dealing with a serious situation. 

If Police want to do a forensic procedure?

Remember, you have rights

If Police think you have committed a crime, they might want to do a forensic procedure on you. This means taking your fingerprints, your photograph, or getting a sample of your DNA from your spit or other things.

What do you do?

• Say, I need to ring an ALS lawyer.
• If you are arrested you have a right to talk to an ALS lawyer. An ALS lawyer is available night and day for people who
• have been taken to police stations. As soon as you come into contact with Police or the courts, please ring your ALS lawyer for legal advice.
• Say, no. I do not consent. Do not agree to a forensic procedure.
• Sign the Police form saying, I do not consent.
• Get advice from an ALS lawyer before anything else happens.
• The ALS lawyer will explain about the forensic procedure the police want to do.
• The ALS lawyer will advise you. If in doubt say, I need to talk to an ALS lawyer.
• Don’t fight with Police or abuse them.

Are you going to court?

Remember, you have rights

If you got a court date, you HAVE to go to court.


If you can’t go to court, you have to have a very good reason

• A very good reason usually means something happened to you that would not normally happen - something beyond your control that stopped you getting to court. The court will decide if it is a good enough reason.

Examples of reasons for NOT going to court

• I have a Medical Certificate showing that I am too sick to travel or be at court that day.
• On or the day before court, someone really close to me suddenly passed away.
• I am a carer for someone who became seriously ill and was taken to hospital on the day of court.
• I live in a remote area that was suddenly flooded and blocked all forms of transport.
• A close family member is having a funeral on that day.

Examples of reasons for not going to court which are NOT GOOD ENOUGH

• I don’t feel like it
• I woke up too late
• I forgot
• No-one will pick up my kids in the arvo if I’m at court all day
• I don’t want to take a day off work
• I ran out of money and didn’t think about it till the morning of the court date
• Court is too far
• It was a close family member’s funeral two weeks ago
• I have a cold

If you can’t get to court AND you have a good enough reason, do the following 1-2-3 steps.

1. Ring the court and tell them you can’t come.
2. Ring your solicitor and tell them why you can’t come. Your solicitor will explain your situation to the court if the court needs convincing.
3. Think of ways you can prove to the court that you really could not come that day, like get a medical certificate, or a funeral document, or evidence that you really couldn’t go to court that day.

If you don’t have a good enough reason and you still don’t go to court, one of the following can happen:

• The court can issue a warrant for your arrest. This means that the police can pick you up at any time to take you to court.
• The court can find you guilty of the offence in your absence and you would be sentenced for the offence, even if you are not guilty of the charge.
• You could be charged with a new offence of “Failing to Appear”.
• It will be added to your criminal record that you did not go to court. Any warrants or “Fail to Appear” charges will make applying for bail more difficult in the future. 

Want to know how to stay out of trouble?

We run a Community Legal Education program for high school children, young people and adults. Our program talks to people about the law. It talks about what people can and can't do. It lets people know their rights.

Our Community Legal Education program lets people know why it's good to stay out of trouble.

Every Aboriginal and Torres Strait Islander man, woman and child has legal rights, same as every person in Australia. If you want legal advice about your rights, contact us.

We have lawyers, field officers and administration officers who can talk to you. 

We can come and talk to you at home, school, work, or anywhere you want.

It's free and it's fun.

We also have films you can watch and pamphlets you can read. All of this stuff talks about what people's rights are and how to deal with the law.

Would you like to do Community Legal Education? Contact us or phone 1800 765 767.

Got a question? Grab the phone!

Call us for free advice over the phone.  

Phone (02) 8303 6600 or 1800 765 767 Monday to Friday from 9.00 am to 5.00 pm. (this number will cost money on a mobile phone)
 

We're here to help. 

Contact us today for advice or a referral to another organisation. 

We can help you get answers to your questions

Get advice about your rights Contact us

Alternatives to court
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Get advice about daily life Contact us

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Get advice about family Contact us

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